Himachal Pradesh High Court
Raj Kumar & Others vs State Of Himachal Pradesh & Others on 4 July, 2023
Author: Virender Singh
Bench: Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No.414 of 2023 Decided on : 04.07.2023 .
Raj Kumar & Others ...Petitioners
Versus
State of Himachal Pradesh & Others ...Respondents
Coram
The Hon'ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioners : Mr. Bhag Chand Sharma, Advocate.
For the respondents : Mr. Tejasvi Sharma, Additional Advocate General, for respondents No.1 to 3.
Mr. Sanjay Sharma, Advocate for respondent No.4.
Virender Singh, Judge (Oral).
Petitioners have filed the present petition, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'CrPC'), for quashing of FIR No.16 of 2022, dated 10th August, 2022, registered with Women Police Station, Dharamshala, District Kangra, H.P., under Section 498A of the Indian Penal Code (hereinafter referred to as the 'IPC') and subsequent proceedings thereto, which are stated to be 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
::: Downloaded on - 11/07/2023 20:32:01 :::CIS 2pending before the learned Judicial Magistrate First Class, Jaisinghpur, District Kangra, H.P. (hereinafter referred to as .
the 'trial Court').
2. The FIR, as well as, the proceedings resultant thereto, has been sought to be quashed on the ground that after registration of the FIR, the police investigated the matter and filed the chargesheet against the petitioners.
3. It is the case of the petitioner that now, with the intervention of the respectables of the society, the matter has been compromised between the petitioners and respondent No.4. The compromise has been effected in order to save the future of minor children of petitioner No.1 and respondent No.4. The terms and conditions of the compromise have been reduced into writing and the said compromise has been annexed with the petition as Annexure P2.
4. On the basis of the compromise, a prayer, for quashing the FIR, as well as, the proceedings resultant thereto, which are stated to be pending before the learned trial Court, has been made.
::: Downloaded on - 11/07/2023 20:32:01 :::CIS 35. When put to notice, the respondentState, although, has filed reply, admitting the factual position, .
however, qua factum of compromise, it has been submitted that the respondentState is not aware about any compromise, between the parties.
6. Today, petitioners, as well as, respondent No.4, have appeared in the Court. Respondent No.4, at whose instance, the FIR, in question, has been registered, against the petitioners, appeared and deposed, on oath, that due to some misunderstanding, she has lodged the FIR against the petitioners, in which, the police has conducted the investigation and submitted challan, before the learned trial Court.
7. Respondent No.4 has further deposed that with the intervention of the respectables and elders of the society, the matter has now been compromised between them. The compromise has been effected between the parties, in order to save the relations of petitioner No.1 and respondent No.4, as well as, in order to save the future of their children.
::: Downloaded on - 11/07/2023 20:32:01 :::CIS 48. As per the terms and conditions of the compromise, respondent No.4, will get Rs.10,000/ per month .
from petitioner No.1, as maintenance for herself, as well as, for their children, as she will reside in a separate accommodation at Thakurdwara.
9. On the basis of the above facts, she has lastly deposed, in unequivocal terms, that she has no objection, in case, the FIR, as well as, the proceedings resultant thereto, are quashed.
10. Similar type of statement has also been made by the petitioners.
11. In their joint statement, they have stated that with the intervention of the respectables, the matter has been compromised between the petitioners and respondent No.4, in order to save their future relations.
12. As per the compromise, the petitioners have also stated that petitioner No.1 will pay a sum of Rs. 10,000/ per month, as maintenance to respondent No.4. This maintenance is inclusive of the maintenance to their children. Petitioner ::: Downloaded on - 11/07/2023 20:32:01 :::CIS 5 No.1 and respondent No.4, will reside at a place known as Thakurdwara.
.
13. On the basis of the above facts, the petitioners have prayed that the petition may kindly be allowed and the FIR, as well as, the proceedings resultant thereto, may kindly be quashed.
14. Heard.
15. Considering the pleadings, as well as, the statements of the parties, on oath, before this Court, this Court is of the view that the dispute had arisen between the parties out of matrimonial discord. Petitioner No.1 and respondent No.4, as per the pleadings, married on 11.5.2018 and they have been blessed with two children. Compelled by the circumstances, they were litigating with each other.
16. As per the stand taken by respondent No.4, due to some misunderstanding, she has lodged the FIR against the petitioners, in which, the police has conducted investigation and filed the challan before the learned trial Court.
17 Now with the intervention of the respectables, the petitioners and respondent No.4 have settled the matter and ::: Downloaded on - 11/07/2023 20:32:01 :::CIS 6 entered in a compromise, according to which the respondent No.4 will get maintenance of Rs.10,000/ per month from .
petitioner No.1, for herself as well as, for their children and she will reside at Thakurdwara, in a rented accommodation.
18. Since, the person, who has put the criminal machinery into motion, by making statement under Section 154 Cr.PC, has stated, in unequivocal terms, that in order to save the future of their children, she has entered into compromise, the said compromise should be honoured by this Court also, as the purpose of the law is to maintain peace and harmony in the State, especially in the family.
19. Moreover, permitting the proceedings to continue, in such situation, would also amount to abuse of the process of law.
20. In such situation, when the parties to the FIR have compromised the matter, in order to maintain their future cordial relations, it is a fit case, where the powers, under Section 482 Cr.PC, can be exercised by quashing the FIR and the proceedings resultant thereto.
::: Downloaded on - 11/07/2023 20:32:01 :::CIS 721. Moreover, acceptance of the compromise by this Court, will not only save the precious judicial time of the .
learned trial Court, but, it will also save the valuable relations between the parties i.e. petitioners, and respondent No.4. The time, which, the learned trial Court, would have devoted for the decision of this case, may be devoted for deciding some other serious matter.
22. Considering all these facts, the petition is allowed and FIR No.16 of 2022, dated 10th August, 2022, registered with Women Police Station, Dharamshala, District Kangra, H.P., under Section 498A IPC, as well as, the resultant proceedings thereto, which are stated to be pending before the learned trial Court, are ordered to be quashed.
23. The compromise deed, Annexure P2, and the statements of the parties, made, in the Court, shall form part of the judgment.
24. Pending miscellaneous applications, if any, shall also stand disposed of accordingly.
( Virender Singh )
July 04, 2023(ps) Judge
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