SIKANDER PAL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Section 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioners for quashing of FIR No. 181/15, dated 8.9.2015, under Sections 498-A, 406, 323, 504 and 34 of Indian Penal Code (for short 'IPC'), registered at Police Station, Nalagarh, District Solan, H.P., as well as consequent proceedings pending in the Court of learned Additional Chief Judicial Magistrate, Nalagarh, District Solan, H.P., in Case No. 201/2 of 2015.

(2.) Facts, as emerge from the record are that FIR sought to be quashed in the instant proceedings came to be lodged at the behest of respondent No. 2 (hereinafter referred to as the complainant), whose marriage was solemnized on 13th August, 2014 with petitioner No. 1, but since they could not get along on account of certain differences, complainant started residing separately. FIR sought to be quashed came to be lodged at the behest of the complainant, who alleged that she is being harassed mentally and physically by the petitioners on account of dowry, as a consequence of which, case under Sections 498-A, 406, 323, 504 and 34 of IPC came to be registered against the petitioners, who happened to be husband and in-laws of the of the complainant. After completion of the investigation, police presented the challan in the Court of learned Additional Chief Judicial Magistrate, Nalagarh, District Solan, H.P., but same is still pending adjudication.

(3.) It also emerge from the record that joint petition under Section 13(B)(1) of the Hindu Marriage Act, 1955 was filed by respondent No. 2/complainant and petitioner No. 1 in the Court of learned Additional District Judge, Nalagarh, seeking therein dissolution of their marriage by way of mutual consent. Learned Additional District Judge, Nalagarh, District Solan, H.P., vide order dated 10.4.2019 passed a decree of divorce by mutual consent under Section 13(B) of the Hindu Marriage Act. In the aforesaid background, petitioners have approached this Court in the instant proceedings, praying therein for quashment of FIR as well as consequent proceedings pending in the competent court of law.