MANISH GABA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present petition filed under S.482 CrPC, petitioners have prayed for quashing of FIR No. 0153 dated 22.6.2018, under Ss.498-A and 506 IPC registered at Police Station Sadar, Chamba, Himachal Pradesh against petitioner No. 1 at the instance of petitioner No.2, alongwith consequential proceedings i.e. Cr. Case No. 35 of 2019 pending before Judicial Magistrate 1st Class, Chamba, Himachal Pradesh on the basis of compromise arrived inter se petitioners No.1 and 2 on 26.6.2019.

(2.) On 12.7.2019, learned counsel for the petitioners, while inviting attention of this court to compromise (Annexure P- 2), arrived inter se petitioners, contended that since both the petitioners, who are husband and wife, have resolved to settle their dispute amicably inter se them, this court, while exercising power under S.482 CrPC, may proceed to quash and set aside the FIR lodged at the behest of petitioner No. 2 against petitioner No.1 as well as consequential proceedings pending in the competent Court of law. This Court, solely with a view to ascertain the correctness and genuineness of the compromise placed on record, deemed it fit to cause presence of petitioner No.2 Ms. Aastha Gaba, at whose behest, FIR sought to be quashed, came to be registered at Police Station, Sadar, Chamba.

(3.) Pursuant to order dated 12.7.2019, petitioner No.2, Aastha Gaba has come present in the court alongwith her husband, petitioner No.1. She, states on oath before this court that she of her own volition and without there being any external pressure has entered into compromise, Annexure P-2, whereby she and her husband have resolved to settle their dispute amicably inter se them. She further states that after entering into aforesaid compromise alongwith her husband, Manish Gaba, she is residing happily in her matrimonial house at Panipat, Haryana and as such, she does not wish to prosecute further the FIR lodged at her behest against petitioner No.1 as well as criminal proceedings pending in the competent Court of law at Chamba. She has identified her signatures on the compromise. Her statement is taken on record.