Himachal Pradesh High Court
Parth Aggarwal vs Mohalla Haripur Bagichi on 15 December, 2021
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
ON THE 15th DAY OF DECEMBER, 2021
BEFORE
HON'BLE MR. JUSTICE SANDEEP SHARMA
CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC No. 619 OF 2019
Between:
1. PARTH AGGARWAL
S/O SH. PRADEEP KUMAR AGGARWAL,
2. KAMINI AGGARWAL,
W/O SH. PRADEEP KUMAR AGGARWAL,
3.
PRADEEP AGGARWAL,
S/O SH. SHYAM LAL
4. KAMAL AGGARWAL,
S/O SH. PRADEEP KUMAR AGGARWAL,
5. SMT. ANURADHA AGGARWAL,
W/O SH. KAMAL AGGARWAL,
ALL RESIDENTS OF HOUSING BOARD COLONY,
HOUSE NO.15, NARAINGARH ROAD,
AMBALA CITY, HARAYANA.
...PETITIONERS/ACCUSED
(BY MR. MOHAR SINGH
ADVOCATE)
AND
SMT. NITISHA GUPTA,
DAUGHTER OF SHRI NARENDER KUMAR GUPTA,
RESIDENT OF HOUSE NO.111/02,
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2
MOHALLA HARIPUR BAGICHI,
.
JAIN NIWAS, NAHAN,
DISTRICT SIRMAUR, HIMACHAL PRADESH.
....RESPONDENT
(NEMO)
Whether approved for reporting?.
This petition coming on for hearing this day, the Court passed the following:
ORDER
By way of instant petition filed under Section 482 of Cr.PC,
prayer has been made by the petitioners for quashing of summoning order
dated 17.7.2019, issued by the learned Chief Judicial Magistrate, Sirmaur
District at Nahan, in case No. 29/3 of 2019, titled Nitisha Gupta v. Parth
Aggarwal and Ors.
2. Mr. Mohar Singh, learned counsel appearing for the
petitioners, while inviting attention of this court to the judgment dated
27.4.2021, passed by this Court in CrMMO No. 531 of 2019, whereby FIR
No.22, dated 2.6.2019, registered at Women Police Station Nahan, under
Sections 498-A, 406 and 34 of IPC as well as consequent proceedings,
pending in the competent court of law, came to be quashed and set-aside,
contends that since pursuant to order dated 7.1.2020, marriage inter-se
petitioner No.1 Parth Aggarwal and the respondent Smt. Nitisha Gupta, has
been ordered to be dissolved by way of mutual consent, aforesaid FIR
lodged at the behest of the respondent Nitisha Gupta, as well as
.
consequent proceedings, have been ordered to be quashed and set-aside
and as such, proceedings filed under the Domestic Violence Act by the
respondent also deserve to be quashed and set-aside.
3. Careful perusal of aforesaid judgment dated 27.4.2021, passed
by this Court, whereby prayer having been made by the petitioners for
quashing of FIR came to be accepted, reveals that on account of
matrimonial discord, respondent Nitisha Gupta, besides filing FIR detailed
herein above, also instituted proceedings under the Domestic Violence Act.
Learned Chief Judicial Magistrate, Sirmaur District at Nahan taking
cognizance in those proceedings, issued summons to the petitioners herein
(Annexure P-1 Colly.) This Court, vide order dated 23.10.2019, passed in
Cr.MP(M) NO. 1873 of 2019, stayed the proceedings against the petitioners
pending before the learned Chief Judicial Magistrate in case titled Nitisha
Gupta v. Parth Aggarwal and since then, matter never came to be listed
before the court below.
4. Now since parties have resolved to settle their dispute amicably
inter-se them, whereby petitioner No.1 and the respondent herein have got
their marriage dissolved by way of mutual consent from the competent
court of law, prayer made in the instant petition for quashing of summons
dated 17.7.2019, issued by the Chief Judicial Magistrate in case No. 29/3
.
of 2019 deserves to be accepted.
5. Consequently, in view of the above, present petition is allowed
and summoning order dated 17.7.2019, issued by the learned Chief
Judicial Magistrate as well as main proceedings i.e. Case No. 29/3 of 2019
are quashed and set-aside. Present petition is disposed of a/w pending
applications, if any.
15th December, 2021
r (Sandeep Sharma),
(manjit) Judge
