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2016 Supreme(HP) 2634

CHANDER BHUSAN BAROWALIA
JASKARAN SINGH JOHAR – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. R.G.S. Saini, Mr. Devender K. Sharma.
For the Respondents: Mr. Pushpinder Jaswal, Mr. Rajat Chauhan, Ms. Sudershani Ray, Mr. Arush Matlotia.

JUDGMENT :

Chander Bhusan Barowalia, J.

1. The present petition is maintained by the petitioners under Section 482 of the Criminal Procedure Code (hereinafter to be called as "the Code") for quashing F.I.R No. 0011, dated 18.01.2016, under Section 498-A, read with Section 34 of the Indian Penal code, registered at Police Station, Shimla Sadar, District Shimla, H.P. along with all consequential proceedings arising out of the above mentioned F.I.R.

2. Briefly stating the facts, giving rise to the present petition are that the marriage between the petitioner No. 1/husband (hereinafter to be called as "petitioner No. 1") and respondent No. 3/wife (hereinafter to be called as "respondent No. 3") was solemnized on 23.03.2003, as per Hindu customs and tradition, out of the said wedlock a male child was born, who is presently residing with respondent No. 3. Since 21.01.2015, petitioner No. 1 and respondent No. 3 are living separately, on account of temperamental differences and mental incompatibility. After intervention of family friends/relatives, petitioner No. 1 and respondent No. 3 had decided to dissolve their marriage by the decree of divorce by mutual consent. The parties have entered

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