Reserved On: 13.08.2024 vs State Of H.P And Ors
2024 Latest Caselaw 12616 HP

Himachal Pradesh High Court

Reserved On: 13.08.2024 vs State Of H.P And Ors on 30 August, 2024

2024:HHC:7562

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. MMO No. 652 of 2024 Reserved on: 13.08.2024 Date of Decision: 30. 8.2024

.

Vivek Gautam & others ....Petitioners Versus

State of H.P and ors. ....Respondents Coram Hon'ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? No.

For the Petitioners

For the Respondents r :

:

Mr. Jagat Pal, Advocate.

Mr. Lokender Kutlehria, Additional Advocate General for respondents No.1 to 3/State.

: None for respondent No.4.

Rakesh Kainthla, Judge

The present petition has been filed for quashing of FIR 95

of 2021, dated 28.09.2021, for the commission of offences punishable

under Sections 498-A, 406 and 506 of IPC, registered at Police

Station Nahan, District Sirmour, H.P. and consequent proceedings

arising out of the said F.I.R based on compromise effected between

the parties.

2. It has been asserted that the parties have entered into a

compromise and respondent No.4/informant is not interested in

pursuing the matter.

2024:HHC:7562

3. Statement of respondent No.4/informant was recorded on

23.07.2024, wherein she stated that she and petitioner No.1 had filed

a petition under Section 13B of the Hindu Marriage Act before the

.

learned District Judge, Nahan, District Sirmour, H.P. wherein the

statement of second motion has been recorded on 19.07.2024 with

respect to the divorce by way of mutual consent. She and petitioner

No.1 have executed a compromise deed dated 19.01.2024 (Annexure

P-2), wherein they (informant and petitioner No.1) had agreed to

withdraw all the cases filed against each other. She has no objection;

in case the FIR lodged against the petitioners/accused is ordered to be

quashed based on the compromise.

4. Since the parties have settled their disputes and the

present petition had arisen out of the matrimonial discord, therefore,

the FIR registered for the commission of offences punishable under

Sections 498A, 406 and 506 of IPC can be quashed based on the

compromise as per the judgments passed by this Court 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. These judgments

are binding on this Court.

2024:HHC:7562

5. Consequently, the present petition is allowed and FIR

No.95 of 2021, dated 28.09.2021, under Sections 498-A, 406 and 506

of IPC 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 Website of the High Court.

(Rakesh Kainthla) Judge

30th August, 2024 (RAVINDER)