LAWS(HPH)-2021-11-4

AJAY KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On November 15, 2021
AJAY KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The present petition is maintained by the petitioners under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code ") for quashing of F.I.R No.121 of 2012, dated 10.7.2012, under Sections 498-A, 406 and 34 of the Indian Penal Code and Section 3 of the Dowry Prohibition Act, registered at Police Station Amb, District Una, H.P. alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

(2.) Briefly stating the facts, giving rise to the present petition, as per the prosecution story, are that respondent No.2 made a complaint before the police alleging therein that on 13.10.2011, respondent No.2 solemnized marriage with the petitioner at Village Sapouri, Tehsil Amb, District Una, according to Hindu Rites and ceremonies. After sometime, petitioner started maltreating respondent No.2 regarding insufficient dowry and started treating her with cruelty. Pursuant thereto, statement of respondent No.2 came to the Police Station for lodging FIR against the petitioners. Now, the parties have entered into a compromise before the Hon 'ble Supreme Court Mediation Centre, in Special Leave to Appeal ( C ) No.25677 of 2016 , vide Settlement Agreement (Annexure P-3) dated 6th March, 2019, stating therein that respondent No.2 does not want to pursue the case against the petitioners. However, respondent No.2 has sent a letter dated 27.10.2021 before this Registry, wherein she has stated that she has no objection in case the present petition is allowed. Hence, the present petition.

(3.) Learned counsel for the petitioners has argued that as the parties have compromised the matter, no purpose will be served by keeping the proceedings against the petitioners and the FIR/Challan, may be quashed and set aside.