Vipan Kumar vs State Of H.P. & Another
2023 Latest Caselaw 1879 HP

                      IN THE HIGH COURT OF HIMACHAL PRADESH,
                                    SHIMLA

                                                Cr.MMO No.163 of 2023




                                                                          .
                                                Decided on: 06.03.2023





    Vipan Kumar                                                ....Petitioner

                                           Versus





    State of H.P. & Another                                         ...... Respondents

    ............................................................................................
    Coram
    Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.





    Whether approved for reporting?1

    For the petitioner : r                   Mr. Praveen Chauhan, Advocate.

    For the respondents :                    Mr. Y.P.S. Dhaulta, Additional

                                             Advocate General.

                                             Mr. Ashok Kumar Verma,
                                             Advocate, for respondent No.2.



                                             Petitioner in person.

                                             Respondent No.2 in person.




    Jyotsna Rewal Dua, J.

The private parties are husband and wife. The

petitioner-the husband has moved this petition for quashing of FIR

No. 37/2022, dated 19.03.2020, registered under Sections 498A, 323,

and 504 of the Indian Penal Code, registered at Police Station Hatli,

District Mandi H.P. A prayer has been made for setting aside the

consequent criminal proceedings arising out of this FIR.

Whether reporters of the local papers may be allowed to see the judgment?

2. The petitioner and respondent No.2 have attended

today's proceedings. They have been identified by their respective

.

learned counsel. In terms of their separate statements recorded

today, both of them have stated to have entered into a compromise

on 06.01.2023 (Annexure P-2). This compromise is placed at

Annexure P-4 of Cr.MMO No.77/2023, which is also listed today inter

alia involving petitioner, respondent No.2 (husband and wife) and

other individuals. In this compromise, respondent-wife has expressed

her unwillingness to pursue the FIR in question. Even in her

statement recorded today, respondent No.2/complainant has stated

that she does not want to continue with the FIR and has no objection

in case the FIR in question is quashed and the resultant criminal

proceedings are set aside.

3. Parties are husband and wife. They have resolved their

personal disputes amicably with the intervention of their elders and

relations as stated by them. They are now residing together in

matrimonial home alongwith their children.

4. Considering the fact that the petitioner and respondent

No.2 are now peacefully cohabiting together as husband and wife

and the fact that respondent No.2 (complainant), does not wish to

pursue the complaint/FIR any further, no useful purpose will be

served by continuing the proceedings arising out of the FIR in

question. The possibility of conviction in such circumstances would be

very very remote. The continuation of proceedings will be to the

detriment of the petitioner causing him unnecessary harassment and

.

injustice. When the complainant does not want to hold the accused

person responsible, then quashing of such FIR, more so in the facts

and circumstances of the case, would certainly be in the interest of

justice.

5. Accordingly, the petition is allowed. FIR No. 37/2020

dated 19.03.2020, registered at Police Station Hatli, District Mandi

H.P., under Sections 498-A, 323, and 504 of the Indian Penal Code

is quashed. Consequent proceedings, if any, are set aside.

The petition stands disposed of in the above terms, so

also the pending application(s), if any.

Jyotsna Rewal Dua

Judge 06.03.2023

(Rohit)