Himachal Pradesh High Court
Kuldeep Singh & Others vs State Of H.P. And Another on 7 August, 2024
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MMO No. 1160 of 2023
Reserved on: 31.07.2024
.
Date of Decision: 07.08.2024.
Kuldeep Singh & others ...Petitioners
Versus
State of H.P. and another ...Respondents
Coram
Hon'ble Mr Justice Rakesh Kainthla, Judge.
Whether approved for reporting?1 No.
For the Petitioners : Mr. Ganesh Barowalia, Advocate vice
r Mr. Yashpal Sharma, Advocate.
For the Respondents : Mr. Ajit Sharma, Deputy Advocate
General for respondents No.1-State.
Mr. Rajesh Kashyap, Advocate, for
respondent No.2.
Rakesh Kainthla, Judge
The petitioner has filed the present petition for quashing
of FIR No. 279 of 2011, dated 07.12.2011, registered for the
commission of an offence punishable under Section 498-A of the
Indian Penal Code (IPC) at Police Station Jawali, District Kangra,
H.P.. and the consequent proceedings arising out of the FIR.
2. It has been asserted that on 07.12.2011, respondent No.2
lodged an FIR against the petitioner by alleging therein that the
relationship between them could not be successful due to the
Whether reporters of Local Papers may be allowed to see the judgment? Yes.
Neutral Citation No. ( 2024:HHC:6476 )
temperamental differences, which have rendered in the normal
.
married life impractical and impossible. Finally marriage between
them had broken down irretrievably. The parties have now
reconciled the matter with the intervention of their parents and
relevant, well wishers and friends. The parties have entered into a
compromise. Hence, it has been prayed that the FIR be quashed as
per the compromise entered between the parties.
3. The statement of the informant/wife was recorded on
19.06.2024, in which she stated that she had entered into a
compromise with her husband, they have voluntarily divorced each
other and the decree of divorce has been passed by the learned
Principal Judge, Kangra at Dharamshala. She did not want to
proceed further with the matter as per compromise.
4. A perusal of the record shows that the parties have
compromised the matter amicably and a compromise deed has also
been placed on record, as per which it was agreed that the parties
would withdraw the present FIR. Since petitioner No.1 and
respondent No.2 have obtained the decree of divorce, and they have
also settled their dispute, and the present petition had arisen out of
matrimonial discord, therefore, the FIR registered for the
commission of an offence punishable under Section 498-A can be
Neutral Citation No. ( 2024:HHC:6476 )
quashed as per the judgments in Gian Singh versus State, 2012 (10)
.
SCC 303, Narender versus State of Punjab, 2014 (16) SCC 466, Vikas
Singh vs. State of H.P.(2023)I DMC 335 (HP) and Sanjay Kumar vs.
State of H.P2023 (1) Him L.R. 602 based on the compromise.
5. Consequently, the present petition is allowed and FIR
No. 279 of 2011, dated 07.12.2011, registered for the commission of
an offence punishable under Section 498-A of the Indian Penal Code
(IPC) at Police Station Jawali, District Kangra, H.P. is quashed and
the consequent proceedings pending/initiated against the
petitioners-accused in pursuance thereto, are also quashed.
6. Petition stands disposed of in the above terms, so also
pending miscellaneous applications, if any.
7. Parties are permitted to produce a copy of this judgment,
downloaded from the webpage of the High Court of Himachal
Pradesh before the authorities concerned, and the said authorities
shall not insist on the production of a certified copy but if required,
may verify passing of the order from the official Website of the High
Court.
(Rakesh Kainthla)
Judge
07th August, 2024
(ravinder)
