Bhavnish Sharma and Others vs State of Haryana and Others

Kanwaljit Singh Ahluwalia, J.—The present petition has been filed u/s 482 Cr.P.C. seeking quashing of case FIR No. 90 dated 24.4.2008

registered at Police Station Sector 56, Gurgaon under Sections 498-A, 377, 406, 506, 34 IPC on the basis of compromise Annexure P2.

In the present case, the FIR was got lodged by respondent No. 4 Nidhi Tyagi estranged wife. She had stated that for bringing insufficient

dowry, she was harrased by her husband, Harish Chandra Sharma father-in-law and Nirmala Sharma mother-in-law and they used to taunt, abuse

and beat her. Husband of the complainant estranged wife committed oral sex, therefore, offence u/s 377 IPC is also made out. It is further

submitted that pornographic photographs which were on laptop should be impounded as she can be black-mailed.

Nidhi Tyagi complainant estranged wife is present in Court. Separate statements of Nidhi Tyagi and petitioner No. 1 Bhavnish Sharma have

been recorded. Same be read as part of the present order. Nidhi Tyagi has also filed an affidavit through her Counsel Mr. L.S. Sidhu, Advocate.

Affidavit along with the reply is taken on record. Nidhi Tyagi has been identified by her Counsel Mr. L.S. Sidhu.

Both the parties have prayed that on the basis of compromise Annexure P-2, the impugned FIR be quashed.

It has been held by the Hon''ble Apex Court in B.S. Joshi v. State of Haryana 2003 (2) RCR (Cri) 888 and a Full Bench judgment of this Court

in Kulwinder Singh and Ors. v. State of Punjab and Anr. 2007 (3) RCR (Cri) 1052 that if a matrimonial dispute has been resolved, no useful

purpose would be served by continuing with the criminal proceedings. Taking into consideration the ratio of law in B.S.Joshi''s case (supra) and

Kulwinder Singh''s case (supra), the impugned FIR along with all subsequent proceedings is quashed.

Petition is disposed off.