JUDGEMENT
SANDEEP SHARMA,J. -
(1.)By way of present petition filed under S.482 CrPC , prayer has been made on behalf of the petitioners for quashing
and setting aside FIR No. 10, dated 21.8.2018, under Ss. 498A
and 406 of the Indian Penal Code registered at Women Police
Station, New Shimla, Himachal Pradesh alongwith consequential
proceedings i.e. Case No. 502/18 titled State vs. Ashish Sharma
and others pending before learned Judicial Magistrate 1st Class (6),
Shimla, on the basis of compromise, Annexure P-2.
Whether reporters of the Local papers are allowed to see the judgment? .
(2.)Averments contained in the petition reveal that the marriage of petitioner No.1 and respondent No.2 was solemnised
on 15/16.11.2016 at Village Anu, Tehsil Rohru, District Shimla,
Himachal Pradesh but since certain differences arose between
them, their matrimonial relations could not continue for long.
Later on, respondent No.2 lodged aforesaid FIR against the
petitioners on 21.8.2018, alleging therein that she was being
constantly harassed, mentally as well as physically, by the
petitioners, for bringing less dowry. Respondent No.2 also
alleged that the petitioners have also misappropriated her Stri
Dhan and since January, 2017, respondent No.2 is living
separately from the petitioners. After completion of investigation,
police presented Challan in the competent Court of law i.e.
Judicial Magistrate 1st Class (6) Shimla. During the pendency of
the case, parties have resolved to settle their dispute amicably
inter se them, as is evident from Annexure P-2, perusal whereof
reveals that petitioner No.1 and respondent No.2, with the
intervention of the respectable members of area, have resoled to
get their marriage dissolved with mutual consent and in this
regard, have filed a petition under S.13(2) of Hindu Marriage Act
in the Family Court, Shimla. Averments contained in the petition
further reveal that learned Court below has also recorded
statements of petitioner No.1 and respondent No.2 and now the
matter is listed for second motion.
(3.)On 2.1.2020, this Court, having taken note of the averments contained in the petition as also the compromise
placed therewith, deemed it necessary to cause presence of
respondent No.2, with a view to ascertain the genuineness and
correctness of the compromise, annexure P-2. Pursuant to order
dated 2.1.2020, parties have come present today. Respondent
No.2, who is represented by Mr. H.R. Jhingta, Advocate, stated
on oath that she, of her own volition and without there being any
external pressure has entered into compromise, annexure P-2,
whereby she alongwith petitioner No.1 has resolved to settle their
dispute amicably inter se them. She further stated that petitioner
No. 1 and she have resolved to get their marriage dissolved by
way of mutual consent and in this regard, they have filed a
petition under S.13(2) of the Hindu Marriage Act before
competent Court of law. Respondent No.2 further stated that she
shall have no objection in case present petition is allowed, FIR in
question alongwith consequential proceedings quashed and
petitioners acquitted of the charges framed against them. She
has identified her signatures on the compromise, annexure P-2.
Her statement is taken on record.
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