RAJINDER SINGH Vs. STATE OF H P

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure (hereafter referred to as the Code) read with Article 227 of the Constitution of India has been preferred by the petitioners/accused (hereafter referred to as the petitioners) for issuance of an appropriate writ/order or direction quashing the proceedings in case No. 195-1/3, titled State of H.P. v Rajinder Singh and others, under Sections 498-A, 34, 506 and 323 of the Indian Penal Code/pending in the Court of the learned Additional Chief Judicial Magistrate, Amb or in the alternative to corn-pound the case as per the cornprornise entered into between the petitioners and cornplainant respondent No. 2 (hereafter referred to as R-2).

(2.) The undisputed facts leading to the presentation of the present petition are that R-2 lodged FIR. Annexure P-I under Sections 498-A, 34, 506 and 323 of the Indian Penal Code on 16/7/2003 at Police Station, Gagret. On investigation the petitioners were found to have cornrnitted the aforesaid offences against R-2, therefore, a charge-sheet was for-warded to the concerned Court by the police and at present the case is pending disposal in the Court of the learned Additional Chief Judicial Magistrate, Arnb.

(3.) The present petition has been filed on the grounds that by virtue of a written cornprornise Annexure P-2, the petitioners and respondent No. 2 have cornprornised/settled their differences and thereafter petitioner Rajinder Singh and R-2 are desirous of living together with their daughters and petitioners No. 2 and 3, who are aged parents of petitioner No. 1, are also desirous of ensuring that the family lives together in an affectionate atrnosphere which is even in the interest of the two daughters born out of the wedlock of petitioner No. 1 and R-2.