Himachal Pradesh High Court
Anshul Bhardwaj And Others vs State Of Himachal Pradesh And Another on 21 November, 2018
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CrMMO No. 83 of 2017
Decided on November 21, 2018
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Anshul Bhardwaj and others ..Petitioners
Versus
State of Himachal Pradesh and another ...Respondents
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Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting1?
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For the petitioners: Mr. Vikrant Thakur and Mr. Sushant
Veer Singh Thakur, Advocates.
For the respondents: Mr. S.C. Sharma and Mr. Dinesh
Thakur, Addl. AG's with Mr. Amit
Kumar, DAG, for respondent No.1.
Mr. K.D. Sood, Senior Advocate with Mr.
Shubham Sood, Advocate, for
respondent No.2.
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Sandeep Sharma, J. (Oral)
By way of instant petition filed under S.482 CrPC, prayer has been made for quashing of FIR No. 71 dated 12.4.2016 registered at Police Station Kangra, District Kangra, Himachal Pradesh under Ss. 498A, 506 and 34 IPC and all consequential proceedings arising therefrom, pending in various courts of law.
2. Today, during the proceedings of the case, learned counsel representing the parties fairly stated before this court that in view of dissolution of marriage inter se petitioner No.1 and Whether reporters of the Local papers are allowed to see the judgment? .
::: Downloaded on - 22/11/2018 22:57:36 :::HCHP -2-respondent No.2, by way of mutual consent, prayer made in the present petition can be accepted.
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3. Mr. K.D. Sood, learned Senior Advocate duly assisted by Mr. Shubham Sood, Advocate, appearing for respondent No. 2, fairly stated before this court that the learned District Judge, Kangra at Dharamshala has allowed the joint petition under S.13B of the Hindu Marriage Act, 1955, filed on behalf of petitioner No.1 and respondent No.2 and has passed a decree for dissolution of marriage between the parties with mutual consent, vide judgment and decree dated 14.11.2018. Mr. Sood, learned Senior Advocate fairly stated that in terms of amicable settlement between the parties, they have agreed that they shall withdraw all the cases filed against each other and as such, prayer made in the instant petition can be allowed.
4. Mr. S.C. Sharma, learned Additional Advocate General also acknowledged the aforesaid fact. Otherwise also, perusal of contents of petition filed under S.13B of the Hindu Marriage Act, whereby prayer for grant of decree of divorce on mutual consent, was made on behalf of petitioner No.1 and respondent No.2, suggests that the parties agreed inter se them that the FIR in question shall be withdrawn by respondent No.2.
5. Consequently, in view of the aforesaid, present petition is allowed. FIR No. 71 dated 12.4.2016 under Ss. 498A, 506 and 34 IPC registered at Police Station Kangra, District ::: Downloaded on - 22/11/2018 22:57:36 :::HCHP -3- Kangra, Himachal Pradesh and all consequential proceedings arising therefrom, pending in various courts of law are quashed .
and set aside, with the consent of the parties. Interim direction, if any, are vacated. Record of court below, if received be sent back.
Pending applications, if any, stand disposed of.
(Sandeep Sharma) Judge November 21, 2018 (Vikrant) ::: Downloaded on - 22/11/2018 22:57:36 :::HCHP