LAWS(HPH)-2019-8-199

ABHISHEK BHARTI Vs. STATE OF H.P.

Decided On August 06, 2019
Abhishek Bharti Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) This petition has been filed, on the basis of compromise between the parties, for quashing of FIR No. 288 of 2018 lodged by respondent No.2 and consequential proceedings, arising therefrom i.e. Case No. 60 of 2018 titled State vs. Abhishek and another, against the petitioners.

(2.) Petitioners No. 1 and 2 as well as respondent No.2 are present in person. They are duly identified by the learned counsel representing them. Statements of the parties, on oath, have been recorded today.

(3.) Respondent No. 2, complainant, endorsing compromise (Annexure P-3) has reiterated that there was a matrimonial dispute regarding her married life pending in the Court and on account of certain misunderstanding, untoward incident had taken place between her and her aunt Shushila Kumari (Massi)/petitioner No.2 and at that time, her cousin Abhishek Bharti/petitioner No.1 was also accompanying her aunt, whereupon she had lodged the FIR against them, but now with the intervention of elders, the matter has been compromised between them and in pursuance to that compromise, compromise deed has also been reduced into writing, which has been signed by her, her aunt Shushila Kumari and cousin Abhishek Bharti. She has also stated that Clause 2(iv) of the said compromise/agreement (Annexure P-3) has been wrongly worded as this clause was meant only with respect to present incident, therefore, it is to be read as a Clause 'that after the execution of compromise, none of the parties shall institute a civil or criminal case against each other with respect to the incident in question, which is being compromised' and further stated that in pursuance to compromise, she intends to withdraw the FIR and not to continue with criminal proceedings against her aunt and her cousin (petitioners) and therefore, she has signed the compromise Annexure P-3 and also deposing in Court out of her free will, consent and also without any threat, coercion or pressure etc.