LAWS(HPH)-2019-6-12

DALJIT SINGH Vs. STATE OF HIMACHAL PRADESH

Decided On June 20, 2019
DALJIT SINGH Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) By way of present petition filed under S.482 CrPC, prayer has been made on behalf of the petitioners, who happen to be husband-wife, for quashing of FIR No. 11, dated 6.8.2018, under Ss. 376 and 506 IPC, registered at Women Police Station, Una, Himachal Pradesh as well as consequential proceedings pending in the court of learned Additional Sessions Judge-II, Una, Himachal Pradesh.

(2.) Fir in question came to be lodged at the behest of petitioner No.2, Shivani Chauhan on 6.8.2018, who alleged that on 9.3.2018, petitioner No.1 allured her on the pretext of marriage and subsequently on 14.3.2018 solemnised marriage with her at Chandigarh in a Temple. It also emerges from the FIR that after solemnizing marriage, petitioners filed a joint petition before Punjab and Haryana High Court, for protection. Punjab and Haryana High Court disposed of the petition with a direction to the SSP, Hoshiarpur to ensure safety of lives and liberty of the petitioners.

(3.) Fir lodged at the behest of petitioner No.2, further reveals that she kept on living with petitioner No.1 in her matrimonial house at Mukerian but since petitioner No.2 went abroad on 4.4.2018 and certain differences cropped up between the petitioners, petitioner No.2 lodged the FIR in question, alleging therein that she was compelled/forced to solemnise marriage, against her wishes, by petitioner No.1, who after solemnization of marriage, repeatedly sexually assaulted her against her wishes. Averments contained in the petition as well as documents annexed therewith reveal that with the intervention of the elders of the family, both the petitioners have now resolved to settle their dispute amicably inter se them and as such, petitioner No.2, who is complainant, does not wish to continue with the proceedings initiated at her behest. Though perusal of compromise, Annexure P-3, reveals that both the petitioners have been residing with each other as husband-wife at Village Nangal Bihala, Tehsil Mukerian, Punjab, i.e. matrimonial house of petitioner No.2, happily, but this court solely with a view to ascertain the genuineness and correctness of the compromise placed on record caused presence of petitioner No.2 in the court, who has come present alongwith petitioner No.1 and her father, Shri Ajay Kumar. Petitioner No. 2 on oath stated before this Court that she, of her own volition, without there being any external pressure, has entered into compromise. She further stated that the FIR in question came to be lodged at her behest on account of some misunderstanding, as such, she, in terms of agreement arrived inter se parties, intends to withdraw the FIR. Petitioner No.2 further stated that she shall have no objection in case FIR No. 11 dated 6.8.2018 as well as consequential proceedings pending before learned Court below are ordered to be quashed and set aside. Her statement is taken on record.