(1.) ORDER Present petition is filed under Section 482 Cr.P.C. for quashing of FIR No. 306 of 2013 dated 4.10.2013 registered under Sections 498 -A and 406 IPC at P.S. Sadar District Una H.P. It is pleaded that FIR was registered in P.S. Sadar Una H.P. at the instance of wife of petitioner No. 1. It is pleaded that complainant Shama Jaswal alleged that her marriage was solemnized on dated 31.1.2013 as per Hindu rites and customs and her father had spent more than Rs. 15,00,000/ - (Rupees fifteen lacs only) on her marriage. In complaint the complainant alleged that she and her husband lived together and it is further alleged by complainant in the complaint that complainant/wife is educated and peace loving lady and has maintained a good reputation. It is pleaded that there is recital in complaint that complainant was maltreated by accused persons and there was also an allegation that accused persons also demanded dowry and compelled the complainant to leave her matrimonial house on dated 18.3.2013. It is pleaded that thereafter an agreement was executed between complainant and accused that co -accused i.e. husband of complainant will pay Rs. 7,50,000/ - (Rupees seven lacs fifty thousand only) and then mutual divorce petition under Section 13 -B of Hindu Marriage Act 1955 would be filed. It is pleaded that in pursuance of the agreement mutual divorce petition under Section 13 -B of Hindu Marriage Act 1955 was filed before the learned District Judge Una bearing case No. 125 of 2014. It is pleaded that mutual divorce petition under Section 13 -B is fixed before learned District Judge Una for dated 11.5.2015. It is pleaded that in view of compromise executed between the parties FIR No. 306 of 2013 dated 4.10.2013 registered at the instance of complainant and consequential criminal proceedings be quashed.
(2.) PER contra reply filed on behalf of the State of H.P. pleaded therein that after investigation prima facie criminal case under Sections 498 -A and 406 read with Section 34 IPC was made out and final report under Section 173 Cr.P.C. was submitted and case No. 356/1 of 2014 is pending before learned Judicial Magistrate 1st Class Una and same is fixed for presence of accused on dated 11.2.2015. It is also admitted that petition under Section 13 -B of Hindu Marriage Act 1955 is also pending before learned District Judge Una and same is fixed for dated 11.5.2015. It is pleaded that present petition filed by petitioners be dismissed.
(3.) FOLLOWING points arise for determination in this petition: -