LAWS(HPH)-2019-9-198

RAHUL TAANK Vs. STATE OF HP

Decided On September 25, 2019
Rahul Taank Appellant
V/S
STATE OF HP Respondents

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-accused, for quashing of FIR No.6 of 2018 dated 18.8.2018, under Sections 498A, 506, 323 and 34 of Indian Penal Code, registered with Woman Police Station BCS, District Shimla, H.P., as well as consequent proceedings pending before the court below on the basis of 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 and respondent No.2 was solemnized in the year, 2012 and out of their Whether reporters of the Local papers are allowed to see the judgment?wedlock, one son was born, who at present is four years old. Since certain differences arose inter-se respondent No.2 and petitioner No.1, respondent No.2 lodged an FIR sought to be quashed in the instant proceedings, alleging therein that she is constantly harassed and mentally tortured by her husband and other family members on account of dowry. After completion of investigation, police presented the challan in the court of learned ACJM-2, District Shimla, which is pending adjudication, however, during pendency of the trial before the court below, petitioner No.1 and respondent No.2 have resolved to settle their dispute amicably inter-se them with a view to maintain cordial relations with each other.

(3.) Having carefully perused the compromise placed on record, this Court solely with a view to ascertain genuineness and correctness of the compromise, deemed it fit to summon respondent No.2 in the court vide order dated 20.9.2019. Pursuant to aforesaid order dated 20.9.2019, respondent No.2 Smt. Komal Taank has come present in the court today, who is otherwise being represented by Ms. Sheetal Vyas, Advocate. Respondent-complainant Smt.Komal Taank, at whose behest FIR sought to be quashed, came to be lodged against the petitioners stated on oath before this Court that she of her own volition and without there being any external pressure has entered into compromise with the petitioners-accused, which bears her signatures.