RASHAM RANJAN SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioner for quashing of FIR No. 7 of 2023, dtd. 16/2/2023, under Sec. 498-A read with Sec. 34 of IPC, registered at Women Police Station, Solan, District Solan, Himachal Pradesh as well as consequent proceedings pending adjudication in the Court of learned Judicial Magistrate First Class-II, Solan District Solan, H.P., i.e. No.47 of 2024, tilted as State versus Veena Sharma, on the basis of the compromise arrived inter se parties (Annexure P-2), whereby both the parties have resolved to settle their dispute amicably interse them.

(2.) Precisely, the facts of the case, as emerge from the record are that the marriage interse petitioner and respondent No.2 was solemnized on 18/3/2016 as per Hindu rites and ceremonies and out of their wedlock, one female child was born on 3/3/2007. Since, petitioner and respondent No.2 were unable to live together for long on account of matrimonial discord, respondent No.2 started living separately with her parents since November, 2020. On 16/2/2023, respondent No.2 lodged FIR against the petitioner, alleging therein that he not only maltreated her, but also demanded dowry. Police after having conducted the investigation filed the charge sheet in the competent court of law, but before the same could be taken to its logical end, petitioner entered into the compromise with respondent No.2, whereby they resolved to settle their dispute amicably interse them. As per agreed terms, both petitioner and respondent No.2 decided to get their marriage dissolved by way of mutual consent and in that regard, they have already filed a petition under Sec. 13-B of the Hindu Marriage Act in the competent court of law i.e. Family Court at Solan. As per the agreed terms, petitioner had undertaken to pay sum of Rs.12.00 lac as permanent alimony to respondent No.2 and aforesaid amount already stands paid to respondent No.2.

(3.) Though, compromise placed on record clearly reveals factum with regard to compromise arrived interse parties, but yet this Court with a view to ascertain the correctness and genuineness of the compromise placed on record, deemed it necessary to cause presence of the parties.