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2021 Supreme(HP) 812

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
SANDEEP SHARMA, J.
Mohd Arif, Son of Sh. Yunas Ali – Appellant
Versus
State of H.P., through Secretary (Home) to the Government of Himachal – Respondent
Criminal Misc.Petition (MAIN) U/S 482 CRPC NO.476 of 2021
Decided on : 20-10-2021

Advocate Appeared:
For the Appellant :MR. VARUN CHANDEL AND MR. RAMAN JAMALTA, ADVOCATES
For the Respondent:MR. DESH RAJ THAKUR, ADDITIONAL ADVOCATE GENERALS WITH MR. KAMAL KISHORE THAKUR MR. ASHISH VERMA, ADVOCATE

Headnote:

Code of Criminal Procedure, 1973 - Section 320, 482 – Indian Penal Code, 1860 - Section 34, 147, 148, 149, 306, 307, 320, 323, 307, 498-A, 452 and 506 – Attempt to Murder – Punishment for voluntarily causing hurt – Punishment for Criminal Intimidation - Petitioner and deceased was solemnized , as per Muslim Rights and Rituals and out of their wedlock, one son was born, allegedly, some altercation took place inter se deceased and her sister-in-law, petitioner No.3,whereafter, deceased locked herself inside the room and consumed poison - Subsequently, respondent No.2, who happens to be father of deceased , lodged FIR sought to be quashed in instant proceedings, alleging therein that her deceased daughter was constantly tortured and harassed by petitioners for bringing less dowry and as such, she was compelled to commit suicide - Whether possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases - Matter stands compromised between parties and respondent No.2, is no more interested in pursuing the criminal proceedings against petitioners, no fruitful purpose would be served in case proceedings initiated at behest of respondent No.2, are allowed to continue, as such, prayer made in petition at hand can be accepted - submissions having been made by counsel for parties that matter has been compromised and keeping in mind well settled proposition of law as well as compromise being genuine, FIR , under Section 306 read with Section 34 IPC, registered at Police Station - As well as consequent proceedings, if any, pending adjudication before Sessions Judge are ordered to be quashed and set-aside - Petition is allowed.

ORDER :

1. By way of instant petition filed under Section 482 Cr.P.C, prayer has been made on behalf of the petitioners for quashing of FIR No.0058, dated 19.05.2021, under Section 306 read with Section 34 IPC, registered at Police Station Majra, Tehsil Poanta Sahib, District Sirmour at Nahan, H.P. as well as consequent proceedings, if any, pending adjudication before the learned Trial Court, on the basis of compromise (Annexure P-2).

2. Precisely, the facts of the case as emerge from the record are that marriage inter se petitioner Mohd. Arif and deceased Ms. Reshma was solemnized on 21.10.2018, as per Muslim Rights and Rituals and out of their wedlock, one son was born. On 18.05.2021, allegedly, some altercation took place inter se deceased Reshma and her sister-in-law, petitioner No.3, Rihana, whereafter, deceased Reshma locked herself inside the room and consumed poison. Subsequently, respondent No.2, Imran, who happens to be father of deceased Reshma, lodged FIR sought to be quashed in the instant proceedings, alleging therein that her deceased daughter Reshma was constantly tortured and harassed by petitioners for bringing less dowry and as such, she was compelled to commit suicide. Investigation in the case is complete, but before challan could be presented in the competent court of law, petitioners have entered into compromise with complainant/respondent No.2, Imran, vide compromise deed (Annexure P-2), whereby both the parties have resolved to settle their dispute amicably inter se them and as such, petitioners have approached this Court in the instant proceedings, praying therein for quashing of FIR as well as consequent proceedings, if any, pending in the competent court of law.

3. Vide order dated 27.09.2021, this Court while issuing notice to respondents, deemed it necessary to cause presence of complainant/respondent No.2, so that factum with regard to genuineness and correctness of compromise place on record could be ascertained. Pursuant to order dated 27.09.2021, complainant/respondent No.2, has come present in person and is being represented by Mr. Ashish Verma, Advocate.

4. Though, no reply has been filed on behalf of respondent-State despite sufficient opportunities, learned Additional Advocate General has vehemently opposed to the prayer made in the instant petition on the ground that since police after completion of investigation is in process of filing challan in the competent court of law coupled with the fact that petitioners have allegedly committed heinous crime, they are not entitled to any kind of leniency and as such, their prayer made in the instant petition may kindly be rejected.

5. Complainant/respondent No.2, states on oath that he of his own volition and without any external pressure has entered into compromise (Annexure P-2) with the petitioners, whereby both the parties have resolved to settle their dispute amicably inter se them. He states that since on the date of death of his daughter, he was not in a fit state of mind and had no clarity with regard to reason for committing suicide by his daughter, he in the rage of anger lodged the complaint against the petitioners, alleging therein that they used to maltreat his daughter on account of bringing less dowry. He states that after some time, he came to know from the Pradhan of Gram Panchayat that his daughter was not meted any kind of cruelty by the petitioners and as such, he does not wish to prosecute the case further lodged at his behest and shall have no objection, in case, prayer made in the instant petition for quashing of FIR as well as consequent proceedings, if any pending in the competent court of law, is accepted. His statement is taken on record.

6. Mr. Desh Raj Thakur, learned Additional Advocate General, though while making this Court to peruse FIR (Annexure A-1), sought to be quashed in the instant proceedings, vehemently argued that there is overwhelming evidence that deceased Reshma was compelled to commit suicide on account of

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