GANGA SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant petition filed under Section 482 Cr.P.C, prayer has been made on behalf of the petitioners for quashing of FIR No. 0043/2019, dated 18.10.2019, under Sections 498-A, 354-A, 504, 506, 509 and 34 of IPC, registered at Women Police Station at Bhiuli, District Mandi, H.P. as well as consequent proceedings pending adjudication before learned Additional Judicial Magistrate 1st Class, Court No.1, Mandi, District Mandi, H.P. in Criminal Case No. 395/2019, on the basis of compromise/amicable settlement (Annexure P-2) arrived inter-se parties.

(2.) Precisely, the facts of the case as emerge from the record are that FIR, sought to be quashed in the instant proceedings, came to be lodged against the petitioners at the behest of respondent No.2, Smt. Hem Lata, who on 18th October, 2019, submitted one complaint to the office of Superintendent of Police, Mandi, alleging therein that her marriage was solemnized with a person namely Sh. Yogesh Sen in 2016, as per Hindu Rites and Customs and since then, she had been living at her matrimonial house in Village Malhanu, P.O. Chunahan, Balh, Tehsil Balh, District Mandi alongwith her-in-laws. In the aforesaid complaint, respondent No.2, Smt. Hem Lata, alleged that since her husband lives at Nalagarh on account of his private job, she is compelled to stay back at her matrimonial house in the aforesaid village, but petitioners, who happened to be her father-in-law and Aunt (Bua) not only maltreat her but also hurl abuses. Complainant further alleged that petitioner No.1, Ganga Singh, behaves indecently and keep bad eye on her and as such, appropriate action be taken against them. In the aforesaid background, FIR sought to be quashed in the instant proceedings, came to be lodged against the petitioners. After completion of investigation, police presented th challan in the competent court of law, but before same could be taken to its logical end, petitioners and respondents No.2, have entered into compromise (Annexure P-2) and as such, have approached this Court in the instant proceedings praying therein for quashing of FIR as well as consequent proceedings,if any, pending in the competent Court of law.

(3.) Respondent No.2, Smt. Hem Lata, has also come present in the Court and is being represented by Mr. Hoshiar Kaushal, Advocate. She on oath states before this Court that she of her own voilition and without there being any external pressure has entered into compromise with petitioners (Annexure P-2), whereby both the parties have resolved to settle their dispute amicably inter se them. She states that FIR sought to be quashed in the instant proceedings is result of misunderstanding inter se her and the petitioners and since, both the parties have resolved to settle their dispute amicably inter se them, she shall have no objection in case prayer made in the instant petition for quashing of FIR as well as consequential proceedings pending in the competent court of law are quashed and set aside. She further states that she with the intervention of respectable members of society have decided not to prosecute the case further and as such, same may be closed. Statement of respondent No.2 is taken on record.