KAMAL NAIN Vs. STATE OF H.P.

JUDGEMENT

(1.) The present petition has been filed for quashing of FIR No. 34/15, dtd. 17/6/2015, registered for the commission of offences punishable under Ss. 498-A, 406 and 506 read with Sec. 34 of the Indian Penal Code (IPC), at Police Station, Chintpuri, Una, District Una, H.P. It has been asserted that a false case was registered against the petitioners. A bare perusal of the FIR shows that the petitioners have not done anything wrong, and bald allegations were made against them. The parties agreed to separate their ways by a divorce petition. They have been residing separately since 27/8/2014. The husband paid Rs.5,20,000.00 to the wife, and both parties have agreed to withdraw the proceedings pending against each other. A divorce by mutual consent was obtained. The informant did not withdraw the proceedings as agreed. 13 witnesses have been examined out of 21 witnesses cited by the prosecution.

(2.) I have heard Mr. Arvind Sharma, learned counsel for the petitioners and Mr. Jitender Sharma, learned Additional Advocate General for the respondent-State.

(3.) Mr. Arvind Sharma, learned counsel for the petitioners, submitted that the parties have reconciled the matter. A petition for mutual divorce was filed by them, and their marriage was dissolved by way of mutual consent. It was agreed that both parties would withdraw the complaints filed against each other; however, the informant is not adhering to the condition of the agreement. Therefore, it was prayed that the present petition be allowed and the FIR and the consequential proceedings arising out of the same be quashed. He relied upon the judgments titled Anubhav Bali and others Vs. State of H.P. and others and D. Suresh Vs. T.J. Kavyashree, SLP(C) No. 29218 of 2019, decided on 25/1/2023 in support of his submission.