SOMA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant petition, petitioners have prayed for quashing of FIR No. 33 of 2017, dtd. 15/2/2017, registered at Police Station Sadar, Una, District Una, H.P. under Ss. 498-A, 323 and 34 of Indian Penal Code (for short, 'IPC') and consequent criminal proceedings arising therefrom i.e. Criminal Case No. 320 of 2017, pending in the Court of learned Additional Chief Judicial Magistrate, Una, District Una, H.P.

(2.) Respondent No.2 was married to petitioner No.4 on 28/9/2014. Their relationship got estranged and respondent No.2 left her matrimonial home in the year 2016. On 15/2/2017, on the complaint of respondent No.2, FIR No. 33 was registered against all the petitioners under Ss. 498-A, 323 and 34 IPC at Police Station Sadar Una, District Una, H.P. On completion of investigation, investigating agency submitted report under Sec. 173 Cr.P.C. before the court of competent jurisdiction. The trial is pending against the petitioners.

(3.) On 31/12/2019 respondent No.2 and petitioner filed an application before the learned Family Court, Kangra at Dharamshala for dissolution of their marriage by mutual consent under Sec. 13-B of the Hindu Marriage Act, 1955. Learned Family Court recorded the statement of the parties on the day of first motion i.e. 31/12/2019. Respondent No.2 stated before the learned Family Court that her relationship with petitioner No.4 had become strained and since 2016, they were residing separately. She expressed her inability to live with petitioner No.4 under one roof. Respondent No.2 also categorically stated that she had already received her entire 'Stridhan'. On second motion before the learned Family Court, respondent No.2 again made a statement to similar effect. It was also stated that she had no subsisting claim against petitioner No.4. Learned Family Court, Kangra at Dharamshala passed the decree of divorce on mutual consent and the marriage of respondent No.2 with petitioner No.4 was dissolved vide decree dtd. 29/8/2020.