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Judgment
Petitioners seek quashing of the FIR No. 83/2023, PS: Crime (Women Cell) Nanak Pura which was, earlier, registered for the offences under Sections 498A/406/34, IPC. Later on Section 377 IPC was also added.
Petitioner no.1 and respondent no.2 got married on 10.06.2019 at Karnal, Haryana according to Hindu rites and Ceremonies.
On account of some matrimonial discord, they started residing separately and when the matter was reported to the police by respondent no.2, it resulted in registration of abovesaid FIR.
Charge sheet has already been filed and the next date of hearing before the learned Trial Court is 24.05.2026.
However when the proceedings were pending before the learned Judge, Family Court, West District, Tis Hazari Courts, the parties were able to resolve all the disputes amicably and agreed to part ways in a graceful manner and, in this regard, detailed statements were made by the parties before the learned Judge, Family Court on 20.12.2024.
Petitioner No.1 is present in person whereas his parents have joined proceedings through video-conferencing.
Respondent no.2 is present in Court and has been duly identified by the IO.
When asked, Respondent No.2 reiterates the terms of settlement and submits that there is already a divorce between them. She states that she has agreed to accept a sum of Rs.15,00,000/- in lieu of istridhan, alimony, maintenance (past, present and future) and that she has already received a sum of Rs.5,00,000/- at the time of divorce. She has received a sum of Rs.5,00,000/- today during the course of proceedings, by way of Demand Draft bearing No.843073 dated 05.03.2026 drawn on State Bank of India. The balance amount of Rs. 5,00,000/- will be handed over to her at the time of quashing of FIR 152/2023, PS Ambala City, Haryana. She submits that she has entered into the abovesaid settlement out of her own free will, without any coercion and influence from any corner whatsoever and therefore, she would have ‘no objection’ if FIR in question is quashed. Her affidavit to abovesaid effect is also on record.
Respondent No. 2 also undertakes to appear before the Hon’ble High Court of Punjab and Haryana for making requisite statement in relation to the quashing of the other FIR. She, however, submits that on account of her professional occupation, she will not be able to appear on any Monday and Tuesday. Learned counsel for the petitioners submits that they would apprise her about suitable date accordingly, well in advance, so that she can make requisite travel arrangements.
Consequently, to secure the ends of justice, FIR No. 83/2023 registered at police station Crime (Women Cell) Nanak Pura, for commission of offence under Sections 498A/406/34, IPC along with all consequential proceedings arising therefrom, so far as it relates to petitioners herein, is hereby, quashed subject to cost of Rs. 20,000/- to be deposited by petitioners with concerned District Legal Service Authority within four weeks from today.
Proof of deposit of such cost as well as original affidavits of petitioners and respondent No.2, copies of which have been filed with the present petition, shall be submitted before the learned Trial Court within further one week so that these become part of Trial Court Record.
The petition stands disposed of in aforesaid terms.
Pending application also stands disposed of in aforesaid terms.