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[Cites 6, Cited by 2]

Himachal Pradesh High Court

Shivani Sharma vs State Of Himachal Pradesh And Others on 2 July, 2021

Author: Anoop Chitkara

Bench: Anoop Chitkara

                                             1




         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                 Cr.MMO No.292 of 2021
                                 Date of Decision: July 2, 2021




                                                                       .

    Shivani Sharma
                                                                ...Petitioner.
                                 Versus





    State of Himachal Pradesh and others
                                                               ...Respondents.





    Coram:
    The Hon'ble Mr. Justice Anoop Chitkara, Judge.

    Whether approved for reporting?1NO

    For the petitioner:   Mr. Abhay Kaushal, Advocate.

    For the respondents: Mr. Nand Lal Thakur, Additional Advocate General,
                         Mr. Ram Lal Thakur, Assistant Advocate General and
                         Mr. Rajat Chauhan, Law Officer, for the State.


                          Mr. Pawanish K. Shukla, Advocate, for Respondent No.4.


                          THROUGH VIDEO CONFERENCE






        FIR No. Dated          Police Station                      Sections
        116 of 5.8.2020        Hatli, District Mandi, H.P.         341, 323 and 504
        2020                                                       of the IPC.





    Anoop Chitkara, Judge (oral)

On 5.8.2020, two cross-FIRs were registered at Police Station, Hatli, District Mandi, H.P. Case FIR No.116 of 2020 was registered at the instance of Smt. Sagari Devi, mother-in-law against her daughter-in-law, Smt. Shivani 1 Whether reporters of Local Papers may be allowed to see the judgment?

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Sharma, under Sections 341, 323 and 504 of the IPC and Case FIR No.115 of 2020 was registered at the instance of Smt. Shivani Sharma, daughter-in-law .

against her mother-in-law, Smt. Sagari Devi and other family members, under Sections 498-A, 323, 504, 34 of the IPC.

2. After that, the parties settled their disputes and entered into a compromise on 17.6.2021. Copy of the said compromise deed is placed on record as Annexure P-2.

3. In consequence to the said compromise, Smt. Shivani Sharma, daughter-in-law filed a petition for quashing of aforesaid FIR and all consequential proceedings.

4. Today, Smt. Sagari Devi appeared before this Court and made a statement on oath that she has compromised the matter with her daughter-in-

law, Smt. Shivani Sharma and now their relations are cordial. She also stated that she does not have any objection in case the FIR and consequential proceedings are quashed.

5. Learned counsel for the parties informed that Smt. Sagari Devi had also filed a separate petition in this Court which is registered as Cr.MMO No.291 of 2021. Learned counsel further informed that a Co-ordinate Bench of this Court has disposed of the said petition and quashed the FIR concerned during the course of the day itself.

6. Given that the dispute pertained between the family members i.e. daughter-in-law and mother-in-law and the FIR filed at the instance of the daughter-in-law against the mother-in-law stands quashed, as such, there is no ::: Downloaded on - 03/07/2021 20:13:01 :::HCHP 3 reason that the FIR registered at the instance of mother-in-law against the daughter-in-law is allowed to be continued.

.

7. In view of the above, the present petition is allowed and FIR No.116 of 2020 dated 5.8.2020, registered at Police Station, Hatali, District Mandi, under Sections 341, 323 and 504 of the Indian Penal Code, is quashed. Since the FIR is quashed, all the consequential proceedings are also quashed and set aside.

Pending application(s), if any, are also disposed of.




                                                               Anoop Chitkara,
                        r                                         Judge

    July 2, 2021 (ks).








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