PARVEETA Vs. STATE OF HIMACHAL PRADESH AND ANOTHER

JUDGEMENT

(1.) By way of present petition filed under S.482 CrPC, prayer has been made on behalf of the petitioner for quashing and setting aside FIR No. 2, dated 14.4.2018, under Ss. 498A, 506, 323 an 325 IPC registered at FMPS Shimla alongwith consequential proceedings pending in the competent Court of law, on account of amicable settlement inter se parties.

(2.) Fir, detailed herein above came to be lodged at the behest of petitioner Parveeta, who alleged that she is being mentally harassed by respondent No.2, who happens to be her ex-husband, on account of dowry. After completion of investigation, police filed Challan in the competent Court of law, which is still pending adjudication. During pendency of the criminal proceedings, a joint petition under S.13B of the Hindu Marriage Act came to be filed by petitioner and respondent No.2. Careful perusal of judgment and decree dated 1.5.2019 passed in HMA Petition No. 75-S/3 of 2019/18, (Annexure P-1) reveals that learned District Judge (Family Court), Shimla, Himachal Pradesh, vide aforesaid judgment and decree, has ordered for dissolution of marriage between petitioner and respondent No.2 by way of mutual consent. Paragraph-3 of the judgment reveals that in terms of amicable settlement inter se parties, petitioner, who was co-petitioner in the proceedings referred to herein above, agreed that she would move this Court for quashing of FIR as well as consequential proceedings.

(3.) In view of aforesaid undertaking given by the petitioner, present petition has been filed by the petitioner, who is otherwise present in the court, for quashing of FIR detailed herein above, as well as consequential proceedings.