KULDEEP BAWA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, prayer has been made on behalf of the petitioners for quashing of FIR No. 2 of 2021 dtd. 2/1/2021, under Ss. 498-A, 406, 506 and 34 of IPC, registered with Women Police Station Nahan, District Sirmour, H.P., as well as consequent proceedings, if any, pending before the court below, on the basis of compromise/amicable settlement arrived inter-se parties (Annexure P2).

(2.) Averments contained in the petition, which is duly supported by an affidavit, reveal that marriage inter-se petitioner No.1 and respondent No.2-complainant was solemnized on 28/11/2017 at Mohali, Punjab as per Hindu Rites and Customs, but since on account of certain differences, they were unable to live together, they started living separately since 6/7/2019. Respondent-complainant being aggrieved on account of maltreatment and harassment meted to her by petitioner No.1 and other petitioners, who happen to be her in-laws lodged FIR as referred herein above against them. Record reveals that pending investigation in the aforesaid FIR, petitioner No.1, who happens to be husband of respondent No.2 and respondent No.2, decided to get their marriage dissolved by way of mutual consent and accordingly, they presented petition under Sec. 13-B of Hindu Marriage Act before Principal Judge, Family Court, District Sirmour at Nahan, H.P. The learned Principal Judge, Family Court, after having recorded the statement of both the parties has posted the matter on 4/9/2021, for final order.

(3.) After the aforesaid amicable settlement arrived inter-se parties, respondent-complainant has also executed an affidavit dtd. 24/8/2021, which is taken on record, stating therein that as per compromise arrived inter-se parties, she has received sum of Rs.5,50,000.00as permanent alimony and as of today, nothing remains due from her husband namely Mr. Kuldeep Bawa-petitioner No.1. In the aforesaid affidavit, she has stated that as per compromise arrived inter-se her and petitioner No.2, all the cases, be it criminal or civil, lodged in various courts of law by both the parties shall be withdrawn. In the aforesaid background, petitioners have approached this Court in the instant proceedings for quashing of FIR as well as consequent proceedings, if any, pending in the competent court of law.