AKHIL BHARDWAJ Vs. STATE OF HP

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 of the Code of Criminal Procedure, a prayer has been made for quashing of the FIR No. 177 of 2012, dated 27.7.2012, under Sections 498-A, 406, 506, 534 and 345 of IPC, registered at Police Station Sadar, District Una, H.P., and consequent proceedings in Criminal Case No.56-II/5/51-1/2013, pending adjudication before the learned Judicial Magistrate 1st Class, Court No.2, Una, District Una, H.P.

(2.) Necessary facts, as emerge from the record are that on the basis of complaint having been filed by respondent No.3, namely Anikta, FIR No.177 of 2012, dated 27.7.2012 came to be registered in police Station, Sadar, District Una, H.P., under Sections 498-A, 406, 506, 534 and 345 of Penal Code against the petitioners. Police after completion of the investigation presented the challan in the competent court of law and the proceedings arising out of the aforesaid FIR are still pending before the learned Judicial Magistrate 1st Class Court No.2, Una in Criminal case No. 56-II/5/51- 1/2013.

(3.) Mr. Ajay Sharma, learned counsel representing the petitioners, while inviting attention of this Court to the copy of joint application (Annexure P-1), having been filed by the parties under Order 23, Rule 3 Civil Procedure Code placing therewith compromise arrived at inter se the parties, stated that both the parties have entered into compromise. Perusal of aforesaid application suggests that same was jointly filed by the petitioner as well as respondent No.3, namely Ankita Bhardwaj by way of CMP No.1855 of 2017 in FAO(HMA) No.418 of 2016, praying therein that decree of divorce by mutual consent be passed in terms of the conditions contained in the compromise. Taking note of aforesaid application, this Court vide judgment dated 25.3.2017 disposed of the FAO(HMA) No.418 of 2016 as well as Criminal Revision No.96 of 2015, as having been compromised.