LAWS(HPH)-2019-12-18

SUMAN KUMAR Vs. STATE OF H.P.

Decided On December 03, 2019
SUMAN KUMAR Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) The present petition is maintained by the petitioner under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F.I.R No. 126 of 2019 dated 12.10.2019, under Sections 451, 354, 506 of the Indian Penal Code, registered at Police Station, Bhoranj, District Hamirpur, H.P.

(2.) Briefly stating the facts, giving rise to the present petition, as per the prosecution story, are that on 11.10.2019 statement of respondent No.2 was recorded by the police in Civil Hospital, Bhoranj, wherein she has stated that about six years back, she was married with one Shri Ajay Kumar and out of the wedlock two daughters were born. The petitioner, about two years back, started teasing her and despite requests, he did not mend his ways. She disclosed this fact to her sister-inlaw. On 11.10.2019, the petitioner came to her house armed with a darat (sickle) and when she opened the door, he fled away. Respondent No.2 chased him, but when she saw that the petitioner is armed with a darat, she came back. Later on, the petitioner returned and openly said that respondent No.2 telephonically asked him to come, so she swallowed tablet of pesticide and she was rushed to Civil Hospital, Bhoranj. Pursuant thereto, statement of respondent No.2, police registered a case against the petitioner. Now, the parties have entered into a compromise, vide Compromise Deed, dated 30.10.2019, Annexure P-1, and they do not want to pursue the case against each other. Hence, the present petition.

(3.) Learned counsel for the petitioner has argued that as the parties have compromised the matter, no purpose will be served by keeping the proceedings against the petitioner and the FIR/Challan, may be quashed and set aside.