SUMIT KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 of Cr.P.C, prayer has been made on behalf of the petitioners-accused (in short "accused") for quashing of FIR No.63 of 2018, dtd. 10/8/2018, under Ss. 20(6) and 31 of Protection of Women from Domestic Violence Act, registered at Police Station Sujanpur, District Hamirpur, H.P., as well as consequent proceedings pending adjudication before competent Court of law, on the basis of the compromise arrived inter se parties (Annexure P-2 colly), whereby they have resolved to settle the dispute amicably inter se them.

(2.) Precisely, the facts of the case, as emerge from the pleadings as well as other material adduced on record by the respective parties are that FIR sought to be quashed in the instant proceedings came to be lodged at the behest of respondent No.2 (in of short "complainant"), alleging therein that her marriage was solemnized with accused No.1 on 23/2/2012 as per Hindu rites and customs, but from day one of her marriage, accused No.1, who happens to be her husband, and other family members started maltreating her on one pretext or other. She alleged that on account of continuous domestic violence and mental harassment, she was compelled to leave her matrimonial house.

(3.) Though, after completion of investigation, Police has already presented challan in the competent Court of law against the accused, but before the same could be taken to its logical end, complainant and accused named in the FIR have entered into compromise, whereby they have resolved to settle the dispute amicably inter se them. Complainant and accused No.1 have got their marriage dissolved by mutual consent from the competent Court of law under Sec. 13-B of Hindu Marriage Act.