LAWS(HPH)-2025-4-48

AJEET YADAV Vs. DR. HIMAKSHI SHARMA

Decided On April 10, 2025
Ajeet Yadav Appellant
V/S
Dr. Himakshi Sharma Respondents

JUDGEMENT

(1.) Both these petitions Cr.MMO No. 1305 and CMPMO No. 670 of 2024 have been heard and are being decided together, as common question of facts and law are involved.

(2.) Cr.MMO No. 1305 of 2023 has been filed by the petitioner under Sec. 482 of the Code of Criminal Procedure for quashing of FIR No. 21 of 2023 dtd. 24/5/2023 under Sec. 498-A of the Indian Penal Code, registered at Women Police Station, District Una, H.P. and consequential proceedings arising from the said FIR i.e. Criminal Case No. 252 of 2023, titled as, State of H.P. vs. Ajeet Yadav, pending before the learned Judicial Magistrate, 1st Class, Court No.2, Una.

(3.) Initially petitioner had filed his second petition also under Sec. 482 of the Code of Criminal Procedure, registered as Cr.MMO No. 134 of 2024 with a prayer to quash complaint filed under the provisions of Protection of Women from Domestic Violence Act (for short 'DV Act'), registered as Domestic Violence Act Case No. 80 of 2022, titled as, Dr. Himakshi Sharma vs. Ajeet Yadav, pending in the Court of learned Judicial Magistrate, 1st Class, Court No.3, Una. However, vide order dtd. 20/11/2024, the same has been converted to the one under Article 227 of the Constitution of India and has been registered as CMPMO 670 of 2024.