[Cites 7, Cited by 0]
Himachal Pradesh High Court
Decided On : 29.12.2025 vs State Of H.P.& Anr on 29 December, 2025
Author: Virender Singh
Bench: Virender Singh
12025:HHC:45980
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Cr. MMO No. 1220 of 2025
Decided on : 29.12.2025
.
Ashwani Kumar
...Petitioner
Versus
State of H.P.& anr. ...Respondents
of
____________________________________________________
Coram
Hon'ble Mr. Justice Virender Singh, Judge
rt
Whether approved for reporting?
____________________________________________________
For the Petitioner : Mr. Piyush Dhanotia,
Advocate.
For the Respondents : Mr. Mohinder Zharaick, Addl.
A.G. for respondent No.1.
Mr. Anshul Gandhi, Advocate,
for respondent No. 2.
Virender Singh, Judge (oral)
Petitioner has filed the present petition, under
Section 528 of the Bhartiya Nagrik Suraksha Sanhita
(hereinafter referred to as 'the BNSS') seeking
quashing of FIR No. 110 of 2019, dated 4.8.2019,
registered under Sections 498-A, 406, 323, 504 and
506 of the Indian Penal Code (hereinafter referred to as
22025:HHC:45980
'the IPC') with Police Station, Amb, District Una,
H.P., as well as, the proceedings resultant thereto,
pending in the Court of learned Additional Chief
.
Judicial Magistrate, Court No. 1, Amb, District Una,
H.P. (hereinafter referred to as 'the trial Court'), in view
of the compromise, having been effected, between the
of
petitioner and respondent No. 2.
2. According to the petitioner, FIR in question
was
rt
registered against him at the instance of
respondent No. 2, due to matrimonial dispute, having
been arisen between petitioner and respondent No. 2.
3. 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. During the pendency of the case, before
learned trial Court, the parties have settled the matter.
As per settlement, marriage between petitioner and
respondent No. 2 has already been dissolved, vide
judgment and decree, dated 6.3.2021, by the learned
Additional Principal Judge-II, Family Court, Una, H.P.
32025:HHC:45980
5. On the basis of above, a prayer has been made
to allow the present petition.
6. When put to notice, respondent No. 1 has filed
.
the status report, disclosing therein the manner, in
which, the FIR in question has been registered and the
Police has investigated the matter and submitted
of
report under Section 173(2) Cr. P.C., before the
learned trial Court.
8.
rt
Today, the person, who, at one point of time,
had levelled the allegations, against the petitioner, i.e.
respondent No. 2, appeared and stated, on oath, that
she was married to petitioner and thereafter, dispute
had arisen between them, out of matrimonial discord.
Thereafter, according to her, she had lodged FIR
against the petitioner, in which, police has conducted
the investigation and submitted the report under
Section 173(2) of the Cr. P.C., which is pending before
the learned trial Court.
9. According to respondent No. 2, she and
petitioner have parted their ways, by dissolving their
marriage. She has deposed that she has no claim
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whatsoever, with regard to past, present and future
maintenance, towards the petitioner, and all the
disputes between her and the petitioner, have now
.
been resolved.
10. On the basis of compromise, Annexure P-4,
she has categorically stated that she has no objection,
of
in case the FIR, as well as, proceedings resultant
thereto, pending before the learned trial Court, are
quashed.
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11. Similar type of statement has also been made
by the petitioner, in which, he has also reiterated that
he is governed by the terms and conditions of the
compromise, Annexure P-4.
12. Heard.
13. Parties to the present lis, i.e. petitioner and
respondent No. 2 have settled the inter se disputes
having been arisen between them, by dissolving their
marriage. The compromise is Annexure P-4, according
to which the parties have settled all their disputes and
bound themselves by the same. As such, continuation
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of proceedings, before the learned trial Court is
nothing, but, the abuse of process of law.
14. When the aggrieved wife, who had put the
.
criminal machinery into motion, by lodging the FIR,
against her husband, i.e. petitioner, has settled the
matter with him, although, by dissolving the marriage
of
with him, then, chances of success of prosecution
case, in this case, are not so bright.
15.
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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.
16. Considering all these facts, the present petition
is allowed and FIR No. 110 of 2019, dated 4.8.2019,
registered under Sections 498A, 406, 323, 504 and
506 of the IPC, with Police Station, Amb, District Una,
H.P. and the proceedings resultant thereto, pending
before the learned trial Court, are quashed.
62025:HHC:45980
17. The statements, so recorded, before this Court,
as well as, compromise Annexure P-4, shall form part
of the judgment.
.
18. The present petition is allowed in the aforesaid
terms. Pending miscellaneous application(s), if any,
also stands disposed of.
of
(Virender Singh)
Judge
December 29, 2025
Kalpana rt
