High Courts(1991) 08 P&H CK 0016

Radhey Shyam vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 19 August 1991 · Citation: (1992) 2 RCR(Criminal) 191

HON’BLE JUDGES
G.S.Chahal, J
CASE NUMBER
Criminal Miscellaneous No. 9286-M of 1990

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Judgment

6 paragraphs · 282 words

G.S. Chahal, J.

1.

Radhey Shyam and others by means of this criminal miscellaneous u/s 482, Cr.P.C. seek quashing of the FIR No. 169 dated 8.4.1990 registered at Police Station City Sirsa, u/ss 406/498A, IPC.

2.

The FIR was registered on the basis of an application moved by respondent2 Smt. Madhu Bala, making allegations against the petitioners about the demand of dowry and illtreatment and breach of trust with respect to Istridhan.

3.

Smt. Madhu Bala respondent has not put in appearance in spit of service of notice.

4.

The leaned counsel for the petitioner has today placed on record a copy of judgment and decree passed by the Additional District Judge, Ferozepur, dissolving her marriage with Suman Kumar Mittal, petitioner 6 by mutual consent. Three demand drafts for Rs. 60 000/ were given to the respondent in consideration of dowry articles and maintenance. The learned counsel has also placed on record an affidavit of respondent2 wherein payment and receipt of Rs. 60,000/ by three demand drafts is admitted and an undertaking was also given to withdraw proceeding u/s 125, Cr.P.C. and giving up the right to pursue the case arising out of the impugned FIR as also the suit for injunction, restraining Suman Kumar from contracting any other marriage.

5.

Since the marriage of respondent2 with petitioner6 has been dissolved and the matter regarding dowry and alimony has been settled, it would be fair and proper if they parties are relieved of all litigation and they live happily with their new spouses. Taking a broad view of the matter, I hereby quash the impugned FIR and all the subsequent proceedings on the basis thereof. The criminal miscellaneous stands disposed of accordingly.