LAWS(HPH)-2019-5-22

DHARMENDER MATHUR Vs. STATE OF H P

Decided On May 08, 2019
Dharmender Mathur Appellant
V/S
STATE OF H P Respondents

JUDGEMENT

(1.) The present petition, under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code"), is maintained by the petitioner for quashing of F.I.R No. 123/14, dated 22.07.2014, under Sections 498A & 506 of the Indian Penal Code, registered at Police Station Shimla West (Boileauganj) H.P., alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

(2.) Briefly stating the facts, giving rise to the present petition are that marriage between the petitioner and respondent No. 4 was solemnized on 20.06.2009 at Jaipur as per Hindu rites and ceremonies and they lived together till 2014. However, thereafter due to some differences in opinion with the petitioner, respondent No. 4 left the matrimonial house and started living at her parental house at Shimla and on 22.07.2014, she got registered FIR No. 123/14, dated 22.07.2014, against the petitioner. However, now the parties have entered into a compromise (Annexure P-4) and in order to maintain their cordial relations, 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, vide Compromise Deed (Annexure P-4), no purpose will be served by keeping the proceedings alive, hence the FIR, alongwith consequent proceedings, arising out of the same, pending before the learned trial Court may be quashed and set aside.