KANCHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present petition filed under S.482 CrPC, prayer has been made on behalf of the petitioners for quashing and setting aside FIR No. 2, dated 4.2.2019, under Sections 498A, 506 and 34 IPC, registered at Women Police Station, Una, District Una, Himachal Pradesh registered against petitioners No.2 and 3 and respondent No.4, on the basis of compromise dated 11.9.2019, entered into between the parties (Annexure P 2.)

(2.) Facts, as emerge from the record, are that initially the marriage of petitioner No.1, Kanchan was solemnised with one . Pawan Kumar, who unfortunately expired in the year 2013. After the death of aforesaid person, marriage of petitioner No. 1, at whose instant FIR sought to be quashed in the instant proceedings was lodged, came to be solemnised with respondent No.4, Som Dutt, on 26.8.2017 at Hotel Suvidha Palace, Una, as per Hindu rites and rituals but since on account of certain differences, petitioner No.1 was unable to live with respondent No.4, she started living at her parental house. Subsequently, on 4.2.2019, petitioner No.1 lodged FIR sought to be quashed in the instant proceedings, alleging therein that she is being mentally harassed and tortured by petitioners No.2 and 3 and respondent No.4, on account of dowry. After completion of investigation, police presented Challan in the competent Court of law but before proceedings pending before learned trial Court could be taken to logical end, it appears that petitioner No.1 entered into a compromise with petitioners No.2 and 3 and respondent No.4, whereby they have resolved to settle their dispute amicably inter se them vide Annexure P-2.

(3.) Having heard learned counsel for the parties and perused the material available on record, this Court, while issuing notices on 20.11.2019, deemed it fit to cause presence of parties, especially petitioner No.1/complainant, at whose instance FIR sought to be quashed in the instant proceedings, came to be lodged, to ascertain the genuineness and correctness of the compromise entered into between the parties, Annexure P-2.