DHARAMPAL Vs. STATE OF HP

JUDGEMENT

(1.) By way of instant petition filed under Section 482 of the Code of Criminal Procedure, a prayer has been made on behalf of the petitioners, for quashing of FIR No.6/14 dated 18.1.2014, under Sections 323 and 506 read with Section 34 of IPC, registered with Police Station RamSehar, District Solan, H.P., as well as consequent proceedings pending before the court below on the basis of compromise/amicable settlement arrived inter-se parties.

(2.) Averments contained in the petition, which is duly supported by an affidavit, reveal that marriage inter-se petitioner No.1 Dharampal and respondent No.2 Sarita was solemnized in the year, Whether reporters of the Local papers are allowed to see the judgment 2012, but since they were unable to live peacefully for quite long, they started living separately. Pleadings adduced on record further reveals that petitioner No.1 filed petition under Section 9 of Hindu Marriage Act for restitution of Conjugal Rights (Annexure P-3) but subsequently, they amicably settled their dispute before Lokadalat, whereby they both agreed to take mutual divorce. Vide order dated 8.12.2016 (taken on record), learned District Judge, Bilaspur, dissolved the marriage of petitioner No.1 and respondent No.2 by way of mutual consent under Section 13 (B) of the Hindu Marriage Act.

(3.) Apart from above, respondent No.2 Sarita had also lodged one FIR, which is sought to be quashed in the instant proceedings. After completion of investigation, police presented challan in the competent court of law, which is pending adjudication. As per undertaking given by respondent No.2 before the Lokadalat on 12.3.2016, case, if any, lodged by her was to be withdrawn, but since respondent No.2 failed to take appropriate steps for withdrawing the case lodged her behest, petitioners have approached this Court in the instant proceedings for quashing of FIR as well as consequent proceedings pending before the court below