Himachal Pradesh High Court
Bhanu Pratap Singh And Another vs State Of H.P And Another on 21 November, 2023
Author: Virender Singh
Bench: Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Cr.MMO No. 1023 of 2023
Decided on: 21st November, 2023
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Bhanu Pratap Singh and another .......Petitioners.
Versus
State of H.P and another ...Respondents
of
Coram
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
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For the petitioners: Mr. Anju Gupta, Advocate.
For the respondents: Mr. Mohinder Zharaick, Addl.
A.G. and Ms. Leena Guleria,
Dy. A.G for respondent No.1.
Mr. Manish Kansra, 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.'), with a prayer to quash FIR No.
21 of 2022, dated 29.08.2022, under Sections 498-A and
506 of the Indian Penal Code (hereinafter referred to as the
'IPC'), registered with Women Police Station, BCS Shimla,
District Shimla, H.P., as well as, proceedings resultant
thereto, pending in the Court of learned Additional Chief
Judicial Magistrate, Court No.2 Shimla, District Shimla, H.P.
Whether the reporters of Local Papers may be allowed to see the judgment? Yes.
(hereinafter referred to as the 'learned trial Court), on the
basis of compromise entered into between the parties.
.
2. According to the petitioners, petitioner No.1 and
respondent No.2 were married on 25.10.2015 as per Hindu
Rites and Ceremonies, however, due to temperamental
incompatibility between them, the dispute had arisen
of
between them and respondent No.2 had lodged FIR No. 21
of 2022, dated 29.08.2022, under Sections 498-A and 506
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of the Indian Penal Code, registered with Women Police
Station, BCS Shimla, District Shimla, H.P. Thereafter, the
police has investigated the matter and filed the report
under Section 173(2) Cr.P.C, which is pending adjudication
before the learned trial Court.
3. It is the further case of the petitioners that
during the pendency of the said case, with the indulgence of
elders of the family, as well as, with the intervention of
parents of petitioner No.1 and respondent No.2, the matter
has been compromised. The reason for compromise is that
both petitioner No.1 and respondent No.2 are of young age
and they have enough time to re-settle in their respective
lives. They have also decided to part their ways by
dissolving their marriage. The terms and conditions of the
compromise have been reduced into writing and the same
is placed on record as Annexure P-3.
.
4. On the basis of their settlement, petitioner No.1
and respondent No.2 have parted their ways by way of
decree of divorce with mutual consent and in this regard,
the statements for the first motion have already been
of
recorded.
5. On the basis of above facts, a prayer has been
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made to allow the petition.
6. Along-with the petition, photocopy of report
under Section 173(2) Cr.P.C has been annexed.
7. When put to notice, although the respondent-
State has not filed the status report, but, reiterated the
stand as taken in the report under Section 173(2) Cr.P.C.
8. Respondent No.2, appeared before this Court on
7.11.2023 and made the statement, on oath, reiterated the
fact that she was married with petitioner No.1 on
25.10.2015, but, due to matrimonial discord, she had
lodged FIR No. 21 of 2022, dated 29.08.2022, under
Sections 498-A and 506 of the Indian Penal Code, registered
with Women Police Station, BCS Shimla, District Shimla, H.P.
against the petitioners.
9. According to her, petitioner No.1 is her husband,
whereas, petitioner No.2 is her father-in-law. After the
.
registration of FIR, the police has investigated the matter
and submitted report under Section 173(2) Cr.P.C, which is
pending before the learned trial Court. Now, with the
indulgence of elders of the family, as well as, with the
of
intervention of parents of petitioner No.1 and respondent
No.2, the matter has been compromised vide compromise
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deed Annexure P-3. According to her, they have dissolved
their marriage by filing a petition under Section 13-B of the
Hindu Marriage Act, which has already been decided on
06.11.2023.
10. On the basis of above facts, she has no objection
if the petition is allowed as prayed for.
11. Similar type of statements have been made by
the petitioners.
12. Heard.
13. Petitioner No.1, in his statement recorded on
07.11.2023, has mentioned his aged as 39 years, whereas,
respondent No.2 has mentioned her age as 35 years.
Keeping in view their age, this Court is of the view that both
of them are matured enough to take the important
decisions of their lives. Once they have decided to dissolve
their marriage with mutual consent, then, there would be no
.
justification to keep the criminal proceedings alive, arising
out of the FIR, which is pending before the learned trial
Court. This Court is of the view that compromise Annexure
P-3 is a genuine one as each and everything has been
of
settled between the parties, especially, between petitioner
No.1 and respondent No.2, then, the chances of success of
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the prosecution case are not so bright.
14. If the proceedings are permitted to be continued,
it will certainly affect the chances of re-settlement of
petitioner No.1, as well as, respondent No.2 in future. When
the parties to the marriage have already settled the matter
by deciding all inter se disputes, that too, with the
dissolution of marriage, then, the petition is liable to be
accepted.
15. Moreover, the acceptance of present petition
will save the precious judicial time of the learned trial Court,
which, the learned trial Court will be in a position to devote
for the decision of some other serious matters, pending
before it.
16. Considering all these facts, the petition is
allowed. FIR No. 21 of 2022, dated 29.08.2022, under
.
Sections 498-A and 506 IPC, registered with Women Police
Station, BCS Shimla, District Shimla, H.P., as well as,
proceedings resultant thereto, pending in the learned trial
Court, are ordered to be quashed.
of
17. The compromise deed, as well as, statement of
the parties, recorded today shall form part of this order.
18.
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Pending applications, if any, also stand disposed
of.
November 21, 2023 ( Virender Singh )
(naveen) Judge
