KESRI DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under S. 482 CrPC, prayer has been made on behalf of the petitioners for quashing of FIR No. 75, dtd. 25/6/2012, under Ss. 498A, 506 and 34 IPC registered at Police Station Dehra, District Kangra, Himachal Pradesh alongwith consequential proceedings pending in the court of learned Additional Chief Judicial Magistrate, Dehra, District Kangra, Himachal Pradesh, on the basis of compromise, Annexure P-2.

(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 at the behest of respondent No.2/complainant Ms. Suman Lata, who alleged that her marriage with Ashok Kumar, petitioner No.18 was solemnized in the year 2001 and out of their wedlock, two children were born. She alleged that her husband and other family members repeatedly harassed and maltreated her, for bringing lesser dowry. She alleged that she was compelled by all the family members (petitioners) to bring more dowry from her parents. She also alleged that petitioner No.18 alongwith other family members, repeatedly gave her beatings and extended threats to do away with her life. Since petitioners failed to mend their ways, despite repeated requests made by respondent No.2 and her family, she was compelled to lodge FIR sought to be quashed in the instant proceedings.

(3.) Vide order dtd. 1/8/2022, while directing respondent-State to ascertain factum with regard to compromise, if any, entered into between the parties, this court also directed respondents No.2 to remain present in the court, in order to ascertain the correctness of the compromise, annexure P-2. Pursuant to aforesaid direction issued by this Court, Mr. Sunny Datwalia, learned Assistant Advocate General has placed on record, status report filed under the signatures of Station House Officer Dehra, District Kangra, Himachal Pradesh wherein there is no mention, if any, with regard to compromise inter se parties. It has been stated in the status report that 17 prosecution witnesses have been examined and petitioner No.18 Ashok Kumar, who happens to be husband of respondent No.2 was declared a proclaimed offender and case is pending before learned Additional Chief Judicial Magistrate Dehra.