Decided on March 04,2020

Ashish Sharma and others Appellant
State of Himachal Pradesh and Another Respondents


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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