Himachal Pradesh High Court
Harwinder Singh & 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. 1176 of 2023
.
Decided on : 4.12.2023
Harwinder Singh & ors
...Petitioners
Versus
of
State of H.P.& ors. ...Respondents
______________________________________________
Coram
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Hon'ble Mr. Justice Virender Singh, Judge
Whether approved for reporting?
______________________________________________
For the Petitioners : Mr. Ashok Kumar ,
Advocate.
For the Respondents : Mr. Mohinder
Zharaick, Addl. A.G.
with Ms. Leena
Guleria, Dy. A.G., for
respondent No.1.
Mr. Ashok Kumar,
Advocate, for
respondent No. 2.
Virender Singh, Judge (oral)
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. 166 of
2018, dated 22.6.2018, under Sections 498-A,
323 and 34 of the Indian Penal Code (hereinafter
.
referred to as 'the IPC') registered with Police
Station, Nalagarh, District Solan, H.P., as well
as, the resultant proceedings thereto, pending in
of
the Court of learned Additional Chief Judicial
Magistrate, Nalagarh, District Solan, H.P.
rt
(hereinafter referred to as 'the trial Court'), in
view of the compromise, having been effected,
between the petitioners and respondent No. 3.
2. According to the petitioners, after
registration of the FIR, the criminal machinery
swung into motion. After completion of the
investigation, report under Section 173(2) of Cr.
P.C. was submitted in the trial Court.
4. Now, with the intervention of the
respectables of the society, the matter has been
compromised between the petitioners and
respondent No. 3. In pursuance of the
compromise, respondent No. 3 is now residing
with petitioner No. 1, in her matrimonial home.
5. On the basis of said positive
.
development, a prayer has been made to allow
the present petition, as prayed for.
6. When put to notice, respondents-State
of
has filed the status report, disclosing therein the
manner, in which, the FIR in question has been
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registered and the Police has investigated the
matter and submitted report under Section
173(2) Cr. P.C., before the learned trial Court.
7. According to the status report, filed by
the respondent-State, the parties have
compromised the matter on 7.7.2019.
8. Today, the person, who, at one point of
time, levelled the allegations, against the
petitioners, i.e. respondent No. 3, appeared and
stated, on oath, that the FIR was lodged by her
due to mis-understanding. But, now the matter
has been compromised between her and the
petitioners and in pursuance of the said
compromise, she has started residing with
petitioner No. 1, in her matrimonial home.
9. On the basis of above, she has stated
.
that she does not want to proceed further and
prayed that she has no objection, in case the
petition is allowed.
of
10. Similar type of statement has been made
by the petitioners, in which they have asserted
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about the compromise, as well as, the fact that
petitioner No. 1 is now residing with respondent
No. 3, in her matrimonial house.
11. Heard.
12. Considering the fact that respondent No.
3, 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. 3, to compromise the matter,
vide compromise deed Annexure P-2, must get
recognition from the Court, as primary purpose
of the law is to maintain peace and harmony, in
the society.
.
13. Acceptance of the compromise would
encourage the parties to live peacefully in the
society and the continuation of the criminal
of
proceedings, arising out of the FIR in question,
lodged by respondent No. 3, would certainly
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amount to abuse of the process of law.
14. 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.
15. Considering all these facts, the present
petition is allowed and FIR No. 166 of 2018,
dated 22.6.2018, under Sections 498-A, 323 and
34 of the IPC, registered with Police Station,
Nalagarh, District Solan, and the proceedings
resultant thereto, pending before the learned trial
Court, are quashed.
16. The statements, so recorded, before this
Court, as well as, compromise Annexure P-2,
shall form part of the judgment.
.
17. The present petition is allowed in the
aforesaid terms. Pending miscellaneous
application(s), if any, also stands disposed of.
of
(Virender Singh)
Judge
December 4, 2023
rt
Kalpana
