Himachal Pradesh High Court
Anita Verma vs Mridul Thakur And Another on 4 November, 2022
Author: Satyen Vaidya
Bench: Satyen Vaidya
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
.
ON THE 4th DAY OF NOVEMBER, 2022
BEFORE
HON'BLE MR. JUSTICE SATYEN VAIDYA
CRIMINAL MISC. PETITION (MAIN) U/S 482 Cr.P.C No. 950 of 2022
Between:
1. ANITA VERMA, W/O SH. MRIDUL
THAKUR, D/O SH. SHER SINGH
VERMA, AGED ABOUT 31 YEARS,
PRESENTLY PURSUING PD.D (LAW)
FROM APG UNIVERSITY SHIMLA, R/O
C/O SH. RAMESH KUMAR, VILL.
KOTHO, PO SHAMTI, TEHSIL AND
DISTT. SOLAN H.P.
2. MRIDUL THAKUR, S/O LATE SH. CHET
RAM THAKUR, PRESENTLY
PRACTICING AS AN ADVOCATE AT
DISTRICT COURT SOLAN, R/O C/O SH.
RAMESH KUMAR, VILLAGE KOTHO,
PO SHAMTI, TEHSIL AND DISTT.
SOLAN, H.P.
.....PETITIONERS
( BY MR. P.P. CHAUHAN, ADVOCATE )
AND
1. STATE OF H.P. THROUGH SECRETARY
(HOME) TO THE GOVERNMENT OF H.P. ,
SHIMLA, H.P.
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2
2.DIRECTOR GENERAL OF POLICE, H.P.
.
SHIMLA, H.P.
3. SHO WOMEN POLICE STATION, BCS
SHIMLA, DISTT. SHIMLA,H.P.
4. SMT. NEELAM THAKUR, W/O LATE SH.
CHET RAM THAKUR, R/O THAKUR NIWAS,
HOUSE NO. 254, WARD NO.8, SHOOLINI
NAGAR, BELOW JAUNAJI ROAD, SOLAN,
TEHSIL AND DISTRICT SOLAN, H.P.
r to
........RESPONDENTS
(BY MR. NARENDER THAKUR, DEPUTY
ADVOCATE GENERAL FOR R-1 to 3)
This petition coming on for orders this day, the
Court passed the following:-
ORDER
By way of this petition, a prayer has been made to quash FIR No. 03/2022, dated 01.02.2022, registered under Sections 498-A, 406 and 506 of Indian Penal Code at Women Police Station, Shimla, H.P. and consequent criminal proceedings pending before learned Judicial Magistrate First Class, Court No. 5, Shimla, District Shimla, H.P., in case No. 257 of 2022, titled as State Vs. Mridul Thakur and another.
::: Downloaded on - 09/11/2022 20:30:34 :::CIS 32. It is averred in the petition that petitioners are .
husband and wife. Their relations had become strained for some period of time as difference had cropped-up between them. As a result, FIR No. 03/2022 was registered at Women Police Station, Shimla, H.P. on 01.02.2022 at the instance of petitioner No.1 against petitioner No. 2 and respondent No. 4, under Sections 498-A, 406 and 506 of IPC. It is further submitted that with intervention of friends and relatives, the difference have been reconciled and petitioners are living happily as husband and wife since 13.03.2022.
3. Petitioners and respondent No. 4 were personally present before this Court on 21.10.2022. Their separate statements were recorded on oath. Petitioners reiterated the facts recorded in the petition. Both of them have stated that they are living happily as husband and wife and have no subsisting grievances against each other. It is also submitted by petitioners that they intend to maintain peace and harmony in their family life and will make all endeavours to remain peaceful in future.
Statement of respondent No. 4 was also recorded. She also ::: Downloaded on - 09/11/2022 20:30:34 :::CIS 4 endorsed the statements made by petitioner and further vowed to .
make all endeavors to maintain peace and harmony in family.
4. The registration of FIR against petitioner No. 2 and respondent No. 4, evidently, was result of brief disruption in cordial relations between petitioners. Petitioners have settled r to their disputes with the intervention of elders and friends. Both of them have realized their shortcomings and have vowed maintain good matrimonial relations in future. Their purpose is to maintain peaceful and harmonious relations.
5. On the basis of compromise, petitioner No.1 has decided not to further prosecute petitioner No. 2 and respondent No.4. Such decision is in the interest of the family life of petitioners and respondent No. 4. The ultimate object of every civilized society is to maintain peace and harmony. The step taken by petitioners and respondent No. 4 is also in furtherance of such objective.
6. Keeping in view the entirety of facts and circumstances of the case, I am of the view that this is a fit case where inherent jurisdiction of this Court under Section 482 of Cr.P.C. be exercised to serve the interest of justice and to avoid ::: Downloaded on - 09/11/2022 20:30:34 :::CIS 5 misuse to process of law. No fruitful purpose shall be served by .
prolonging the life of litigation. Since, petitioner No. 1 has settled the matter amicably, there is no likelihood of success of prosecution case.
7. In light of above discussion, the instant petition is Station, Shimla, allowed. FIR No. 03/2022, dated 01.02.2022, registered under Sections 498-A, 406 and 506 of Indian Penal Code at Women Police H.P. and consequent criminal proceedings pending before learned Judicial Magistrate First Class, Court No. 5, Shimla, District Shimla, H.P. in case No. 257 of 2022, titled as State Vs. Mridul Thakur and another., are ordered to be quashed.
Pending miscellaneous application(s), if any, shall also stand disposed of.
( Satyen Vaidya ) Judge 4th November, 2022 (sushma) ::: Downloaded on - 09/11/2022 20:30:34 :::CIS