SURJEET SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS petition has been filed by husband Surjeet Singh for quashing FIR No. 190 dated 2.9.2008, registered at Police Station, Amb, under Sections 498 -A, 406, 323, 506, 34 IPC at the instance of wife Smt. Rekha Rani respondent No. 2. The prayer has also been made for quashing the case No. 13 -II of 2009 pending in the Court of learned Judicial Magistrate Ist Class, Court No. 1, Amb arising out of challan filed in the Court in FIR No. 190 dated 2.9.2008. The facts in brief are that petitioner and respondent No. 2 were married on 5.4.2000 and from their wedlock two children, one male child now aged about 9 years and a female child now aged about 7 years were born. The differences developed between husband and wife and they could not pull together.

(2.) THE respondent No. 2 filed a complaint before learned Judicial Magistrate against petitioner, his father, mother and sister -in -law alleging that father of the petitioner tried to outrage her modesty. The respondent No. 2 was subjected to maltreatment by the petitioner and his family members. In July, 2008, respondent No. 2 left the matrimonial home and is residing with her parents; from there petitioner took away the male child from her custody. On the basis of complaint of respondent No. 2, FIR No. 190 ] dated 2.9.2008 was registered at Police Station, Amb. In pursuance of said FIR, challan has been submitted against petitioner and his family members which is pending in the Court of learned Judicial Magistrate Ist Class, Court No. 1, Amb in the form of Crl. Case No. 13 -II of 2009, titled State of H.P. vs. Surjeet Singh and Others.

(3.) IN the compromise dated 27.9.2011, the parties have agreed that they cannot live together and the cases under Section 125 Cr.P.C. and under Section 498 -A IPC are pending. The one time settlement amount has been paid by the petitioner to respondent No. 2. The male child of the parties will remain with the petitioner. The respondent No. 2 will withdraw the case under Section 125 Cr.P.C. and will not pursue the case under Section 498A IPC. In these circumstances, FIR No. 190 dated 2.9.2008, Police Station, Amb and consequent proceedings pending in the Court of learned Judicial Magistrate may be set aside. The respondent No. 2 has sworn affidavit dated 3.11.2011 that case under Section 125 Cr.P.C. has been compromised and she is not interested to pursue the criminal case now pending in the Court of learned Judicial Magistrate Ist Class, Court No. 1, Amb. The respondent No. 2 has no objection; if the FIR No. 190 dated 2.9.2008 and the proceedings arising out of the said FIR are quashed. The notice was issued. The respondent No. 2 appeared in the Court on 19.12.2011 and 12.1.2012. On 5.3 2012, learned counsel appearing on behalf of respondent No. 2 has stated that respondent No. 2 has no objection, if the petition is allowed. It has also been submitted that affidavit dated 3.11.2011 of respondent No. 2 is already on record.