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2023 Supreme(HP) 53
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
SATYEN VAIDYA, J.
Promila and Another – Petitioners
Versus
State of Himachal Pradesh and Another – Respondents
Cr. M.M.O. No. 1294 of 2022
Decided On : 04-01-2023
Advocate Appeared:
For the Petitioner: Kiran Dhiman.
For the Respondents: Manoj Chauhan, Varun Chandel.
Point of Law: Objective of every civilized society and legal system is to maintain and secure peace and harmony in society.
Headnote:
Indian Penal Code, 1860 – Sections 324, 326 – Entered into a compromise - Quashing of First Information Report – Voluntarily causing hurt by dangerous weapons or means – Voluntarily causing grievous hurt by dangerous weapons or means – FIR was lodged on complaint of petitioner No. 2, who is father-in-law of petitioner No. 1 – It is averred in petition that complaint made by petitioner No. 2 against petitioner No. 1 was result of misunderstanding, which, now, stands sorted out – Entire family is now living happily – Compromise has been effected with a purpose to have peaceful and harmonious future life – Petitioner No. 1 Petitioner No. 2 Both have stated on oath that FIR was lodged under some misconception of fact and misunderstandings. [Para 5]
Finding of the Court: Parties have come forward by way of a joint petition to seek order for quashing of FIR , which was registered at instance of petitioner No. 2 against petitioner No. 1. As revealed by parties, they are closely related to each other – Petitioner No. 1 is wife of son of petitioner No. 2. Both have stated on oath that FIR was lodged under some misconception of fact and misunderstandings – Now, all past disputes have been settled by them amicably – They want to live in peace in future – Dispute in question is more or less private in nature – Decision of case either way will not have any serious effect on the interest of society at large – Keeping in view relationship inter se petitioners, no prejudice shall be caused to any third party, in case, prayer made in petition is granted – Objective of every civilized society and legal system is to maintain and secure peace and harmony in society – In instant case also, parties have settled matter to live in peace in future.
Result: Petition allowed.
JUDGMENT :
SATYEN VAIDYA, J.
1. A prayer has been made to quash FIR No. 130/2021, dated 07.10.2021, registered at Police Station B.S.L. Colony, Sundernagar, District Mandi H.P. under Sections 324 and 326 of Indian Penal Code and consequent criminal proceedings, on the ground of compromise.
2. The FIR was lodged on the complaint of petitioner No. 2, who is father-in-law of petitioner No. 1. It is averred in the petition that the complaint made by petitioner No. 2 against petitioner No. 1 was result of misunderstanding, which, now, stands sorted out. The entire family is now living happily. The compromise has been effected with a purpose to have peaceful and harmonious future life.
3. Both the petitioners are present in the Court today. Their separate statements have been recorded. Petitioner No. 2 has reiterated the fact as averred in the petition. He has stated that the complaint was made by him against his daughter-in-law as a result of misunderstanding, which has, now, been sorted out. Petitioner No. 2 has further stated that now, petitioner No. 1 is living happily in the family and he has no subsisting grievance against her. He has also stated that he wants to maintain peaceful and harmonious relations in the family in future and for such purpose, he has entered into a compromise, Annexure P-2.
4. Petitioner No. 1 has also stated that FIR was lodged against her under some misconception of fact. Now, all the disputes stand amicably settled and she is residing happily in the family.
5. Parties have come forward by way of a joint petition to seek the order for quashing of FIR No. 130/2021, which was registered at the instance of petitioner No. 2 against petitioner No. 1. As revealed by the parties, they are closely related to each other. Petitioner No. 1 is wife of the son of petitioner No. 2. Both have stated on oath that FIR was lodged under some misconception of fact and misunderstandings. Now, all the past disputes have been settled by them amicably. They want to live in peace in future.
6. The dispute in question is more or less private in nature. The decision of the case either way will not have any serious effect on the interest of the society at large. Keeping in view the relationship inter se petitioners, no prejudice shall be caused to any third party, in case, the prayer made in the petition is granted.
7. The objective of every civilized society and legal system is to maintain and secure peace and harmony in the society. In the instant case also, parties have settled the matter to live in peace in future.
8. In light of above discussion, the instant petition is allowed. FIR No. 130/2021, dated 07.10.2021, registered at Police Station B.S.L. Colony, Sundernagar, District Mandi H.P. under Sections 324 and 326 of IPC and consequent criminal proceedings, are ordered to be quashed.
9. Pending miscellaneous applications, if any, shall also stand disposed of.
