HARDEEP SINGH & ANR. Vs. STATE OF H.P.

JUDGEMENT

(1.) The present again is a case where both petitioners are now husband and wife. As a matter of fact, elder sister (Sandeep Kaur) of petitioner No.2-complainant is real sister-in-law (Bhabhi) of-petitioner No.1-accused. Since the two families i.e. of petitioner No. 1-accused and petitioner No.2-complainant were closely related, therefore, petitioner No.1 -accused was visiting the house of the parents of petitioner No.2-complainant well before their marriage. The record available at this stage also reveals that they both were in love and their love affairs ultimately matured into physical relations well before their marriage. The petitioner No.2-complainant is now pregnant. The pregnancy is at an advance stage. Better sense has prevailed upon petitioner No. 1 -accused as he has now solemnized marriage with petitioner No.2-complainant at Delhi. They also got registered the marriage.The registration certificate is Annexure P2. Yesterday on 04.12.2017, while recording the statement of Nisha Devi petitioner No.2-complainant noting her demeanour and on being asked as to whether she is making the statement voluntarily or without any threat and pressure she started crying and disclosed further that she is living at the place of her parents and not in that of her in-laws. The Court suspected that she may not be happily married with petitioner No. 1-accused. Therefore, in order to ascertain the factual position the petitioners were directed to produce their parents in the Court.

(2.) Consequently, Shri Amar Nath Singh, father of petitioner No. 1 -accused Hardeep Singh and Shri Sohan Lal, father of petitioner No.2-complainant are present in person. Shri Sohan Lal is fully satisfied with this marriage. However, Shri Amar Nath Singh aforesaid had certain reservations and grievances against both the petitioners as according to him they have solemnized marriage alone at Delhi whereas he was in favour of solemnization of marriage with all Hindu rites and customary ceremonies. Anyhow, being pacified with the assistance of learned Counsel representing the petitioners in open Court and also apprised that now they have solemnized marriage and petitioner No.2-complainant is carrying an advance pregnancy he pardoned them and also granted his approval to this marriage.

(3.) It is in this backdrop, further statement of petitioner No.2-complainant has been recorded. In view of the changed circumstances and her marriage with petitioner No. 1-accused Hardeep Singh she is now no more interested to prosecute either the FIR registered against him at her instance or the criminal proceedings, if any, pending in this case. Petitioner No.1-accused in his statement recorded separately while admitting the statement of his wife Nisha Devi to be true and correct has further undertaken to make her absolutely comfortable in the matrimonial home. Being so, in the changed circumstances, no fruitful purpose is likely to be served to allow the criminal proceedings launched against petitioner No.1-accused to continue. Any such efforts rather would tantamount to misuse of process of law.