IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Misc.20662-M of 2008
DATE OF DECISION : AUGUST 20, 2008
MUKESH SHARMA & ANR. ....... PETITIONER(S)
VERSUS
STATE OF HARYANA & ANR. .... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. SP Chahar, Advocate, for the petitioner(s).
Mr. Narender Sura, AAG, Haryana.
Mr. Rakesh Nehra, Advocate, for respondent No.2.
AJAI LAMBA, J. (Oral)
This order shall dispose of two petitions viz. CRM 34126-M of
2007 (Smt.Manisha v. State of Haryana and another) and CRM 20662-M of
2008 (Mukesh Sharma and another v. State of Haryana and another).
CRM 20662-M of 2008 seeks quashing of FIR No.510 dated
20.9.2006 under Sections 498-A, 406, Indian Penal Code, Police Station,
City Rohtak (Annexure P-1) and subsequent proceedings, on the basis of
compromise (Annexure P-2).
The contention of the learned counsel for the parities is that
respondent No.2-Sangeeta Sharma, who is present in Court, as identified by
Shri Rakesh Nehra, Advocate, was married to petitioner-Mukesh Sharma.
There were matrimonial disputes which have, now, been resolved with the
Criminal Misc.20662-M of 2007 2
intervention of elders. The husband and wife have already filed a petition
for divorce.
CRM 34126-M of 2007 has been filed by Smt.Manisha for
quashing of the aforesaid FIR (Annexure P-1), in which notice of motion
was issued. At that point of time, the compromise had not been effected.
The two petitions are being taken up together as Smt.Manisha is also an
accused in the FIR (Annexure P-1).
Learned counsel for the respondent-State has not opposed the
quashing of the FIR (Annexure P-1), in view of the compromise.
In view of the fact that complaint-respondent No.2 has
decided to part ways and not to pursue the prosecution of the
petitioners/accused, these petitions are allowed. FIR No.510 dated
20.9.2006 under Sections 498-A, 406, Indian Penal Code, Police Station,
City Rohtak (Annexure P-1) and subsequent proceedings are quashed.
August 20, 2008 ( AJAI LAMBA ) Kang JUDGE