IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Vivek Singh Thakur, J.
Arun Kumar & Ors. - Appellants
Versus
State Of Himachal Pradesh & Ors. - Respondents
CR.MMO No. 31 of 2020
Decided On : 04-01-2021
Section 482 - Quashing of FIR - Indian Penal Code, 1860, Sections 498A, 406, 323, 504, 506, 377, 354A, 34 - Dowry Prohibition Act, 1961, Section 4
Fact of the Case:
The petition was filed for quashing of FIR and criminal proceedings based on a compromise between the parties. The complainant and the petitioners had entered into a compromise for dissolution of marriage and mutual withdrawal of complaints and proceedings.
Finding of the Court:
The court found that the compromise between the parties was voluntary and genuine, and considering the nature and gravity of the offence, quashed the FIR and criminal proceedings for the ends of justice.
Issues: The main issue was whether the court could exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and criminal proceedings based on the compromise between the parties.
Ratio Decidendi: The court relied on the principles established by the Supreme Court in Gian Singh's, Narinder Singh's, Parbhatbhai Aahir's, and Laxmi Narayan's cases, emphasizing that the power under Section 482 Cr.P.C. is not inhibited by the provisions of Section 320 Cr.P.C. and can be exercised to quash criminal proceedings in appropriate cases where the parties have settled their dispute.
Final Decision: The court allowed the petition and quashed the FIR and criminal proceedings, considering the amicable settlement between the parties and the dissolution of marriage.
JUDGMENT
Vivek Singh Thakur, J. (Oral). - The instant petition, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.PC') has been filed by petitioners-Arun Kumar, Sarita Digwa and Sohrab Sharma, on the basis of compromise (Annexure P-3) arrived at between them and respondent No.4- Dr. Ragini Bhardwaj, for quashing of FIR No.84 of 2018 dated 16.04.2018, registered in Police Station, Paonta Sahib, District Sirmaur, H.P., under Sections 498A, 406, 323, 504, 506, 377 and 354A read with Section 34 of the Indian Penal Code (hereinafter referred to as 'IPC') and Section 4 of the Dowry Prohibition Act and Case No.97 of 2019, titled as State of Himachal Pradesh vs. Sohrab Sharma and others and criminal proceedings pending in the Court of Learned Additional Chief Judicial Magistrate, Court No.l, Paonta Sahib, District Sirmaur, H.P.
2. Arun Kumar, Sarita Digwa and Sohrab Sharma-petitioners are present in person in the Court today, who have been identified by their respective learned counsel. Separate statements of petitioners-Arun Kumar, Sarita Digwa and Sohrab Sharma and respondent No. 4-Dr. Ragini Bhardwaj, on oath, have also been recorded today in the Court.
3. In her statement, complainant-respondent No.4-Dr. Ragini Bhardwaj, has stated that she is complainant in present case and she was married to Dr. Sohrab Sharma on 24.02.2016. She has further stated that because of differences of opinion, their relations became strained, which led to registration of FIR No.84 of 2018 dated 16.04.2018, in Police Station Paonta Sahib, against the petitioners by her. She has further stated that petitioner No.2-Sarita Digwa had also registered an FIR No.107 of 2018 in Police Station, Narayangarh (Haryana) against her father and other relatives and ultimately, they have decided to buy peace by ending relations with each other and resultantly they have entered into a compromise and in pursuant thereto a petition under Section 13-B of the Hindu Marriage Act has also been filed for dissolution of marriage on the basis of mutual consent before Principal Judge Family Court, Ambala, District Ambala, Haryana and as per compromise, petitioners have agreed to pay to her as lump sum payment of ?13,00,000/- towards the past, present and future maintenance and out of that a sum of ?6,50,000/- though, has been paid to her at the time of filing of petition for mutual divorce and remaining amount i.e. ?6,50,000/- has been agreed to be paid by the petitioners at the time of second motion in the petition filed for dissolution of marriage on the basis of mutual consent, but petitioners have offered payment thereof today itself vide Demand Draft No. 897233 dated 04.12.2020 to be drawn at State Bank of India worth ?6,50,000/- and she has accepted the same today itself and the same has been handed over to her and photocopy thereof has also been placed on record of the case file.
4. She has further stated that in terms of compromise, petitioner No.2-Sarita Digwa has also agreed to withdraw FIR No. 107 of 2018 registered against her father and others and to that extent she has already made the statement in the Court of Sub-Divisional Judicial Magistrate, Narayangarh (Haryana). She has further stated that she has also filed a complaint under Protection of Women from Domestic Violence Act, 2005 in the Court of learned Additional Chief Judicial Magistrate, Paonta Sahib, District Sirmaur, H.P. and has also decided to close the said proceedings in terms of compromise and parties have agreed to close any other matter or litigation or action taken and proposed to be taken against each other. She has further stated that photocopy of compromise has also been placed on record alongwith petition which has been signed by her and petitioners in presence of witnesses and the same has also been notarized at Ambala. She has further stated that in the aforesaid facts and circumstances and for compromise entered between them, she sought permission to withdraw the
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