Himachal Pradesh High Court
Shashi Kapoor & Ors vs Of on 4 December, 2023
Author: Virender Singh
Bench: Virender Singh
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA
Cr. MMO No. 848 of 2023
Decided on :4.12.2023
.
Shashi Kapoor & ors
...Petitioners
Versus
of
State of H.P.& anr.
...Respondents
_________________________________________________
Coram
rt
Hon'ble Mr. Justice Virender Singh, Judge
Whether approved for reporting?
_________________________________________________
For the Petitioners : Mr. M.A. Safee, Advocate.
For the Respondents : Mr. Tejasvi Sharma, Addl.
A.G., for respondent
No.1/State.
Mr. Ashok Chaudhary,
Advocate, for respondent
No. 2.
Virender Singh, Judge (oral)
The petitioners have filed the present
petition, under Section 482 of the Code of Criminal
Procedure (hereinafter referred to as 'the Cr. P.C.)
seeking quashing of FIR No. 115 of 2021, dated
18.7.2021, under Sections 498-A, 323 and 34 of the
Indian Penal Code (hereinafter referred to as 'the
IPC') registered with Police Station, Jawali, District
Kangra, H.P., as well as, the proceedings resultant
.
thereto, pending in the Court of learned Judicial
Magistrate First Class, Jawali, District Kangra, H.P.
(hereinafter referred to as 'the trial Court), in view of
of
the compromise, having been effected, between the
parties.
2.
rt The case, as set up by the petitioners, in the
petition, is that FIR in question was registered with
Police Station, Jawali, District Kangra, H.P., at the
instance of respondent No. 2.
3. After registration of the FIR, criminal
machinery swung into motion. After completion of
the investigation, report under Section 173(2) of Cr.
P.C. was submitted in the learned trial Court.
4. On 25.9.2023, this Court has passed the
following order:
"Learned counsel for respondent No. 2 states
that respondent No.2 is in family way, therefore,
she is not in a position to appear before this
Court. He further states that her statement may
be ordered to be recorded before the learned
Judicial Magistrate, First Class, Jawali, District
Kangra, H.P.
.
Therefore, in view of the prayer made by
respondent No. 2, as the respondent No. 2 is in
family way, the judicial Magistrate First Class,
Jawali, District Kangra, HP is directed to record
the statement of complainant/respondent No.
of
2, strictly in accordance with law and sent the
same to this Court within a period of one week
after recording her statement.
rt Respondent No. 2 is directed to appear
before the learned Judicial Magistrate First
Class, Jawali on 1.11.2023.
As prayed for, list on 21.11.2023."
5. In pursuance of aforesaid order, respondent
No. 2 appeared before the Court of learned trial
Court and made a statement, on oath, stating that
she is residing with her husband and the dispute
has been settled between them. She has also
expressed her intention that she wants to improve
her relation with her husband. She has further
stated that she does not want to proceed further with
the case.
6. Today, the petitioners are before this Court,
with a prayer to quash the FIR in question, as well
as, the resultant proceedings thereto, pending before
.
the learned trial Court, on the basis of compromise,
which has taken place between the parties. The
compromise deed is annexed with the petition, as
of
Annexure P-3.
7. On all these submissions, a prayer to allow
rt
the present petition, by quashing the FIR in
question, as well as, resultant proceedings thereto,
has been made.
8. When put to notice, respondents-State has
filed the status report, disclosing therein the
manner, in which, the FIR in question has been
registered and Police, after investigating the matter,
submitted the report under Section 173(2) of the
Cr.P.C., which is pending in the learned trial Court.
9. Heard.
10. Considering the fact that respondent No. 2,
who, at one point of time, has lodged the FIR under
Sections 498-A, 323 and 34 IPC, against the
petitioners, has now settled the matter with the
petitioners and has started residing with her
husband, in her matrimonial house. The efforts,
.
which have been made by the petitioners, as well as,
respondent No. 2, to compromise the matter, vide
compromise deed Annexure P-3, must get
of
recognition from the Court, as primary purpose of
the law is to maintain peace and harmony, in the
society.
rt
11. Acceptance of the compromise would
encourage the parties to live peacefully in the society
and the continuation of the criminal proceedings,
arising out of the FIR in question, lodged by
respondent No. 2, would certainly amount to abuse
of the process of law.
12. Acceptance of the compromise will also save
the precious judicial time of the learned trial Court,
as the learned trial Court will be in a position to
devote such time, for deciding some other serious
disputes, pending before it.
13. Considering all these facts, the present
petition is allowed and FIR No. 115 of 2021, dated
18.7.2021, under Sections 498-A, 323 and 34 of the
.
IPC registered with Police Station, Jawali, District
Kangra, H.P., and the proceedings resultant thereto,
pending before the learned trial Court, are quashed.
of
14. The statements, so recorded, before this
Court, statement of respondent No. 2, recorded
before
rtthe learned trial Court, as well as,
compromise Annexure P-3, shall form part of the
judgment.
15. The present petition is allowed in the
aforesaid terms. Pending miscellaneous
application(s), if any, also stands disposed of.
(Virender Singh)
Judge
December 4, 2023
Kalpana
