IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA th ON THE 25 DAY OF AUGUST, 2022 BEFORE HON’BLE MR. JUSTICE VIVEK SINGH THAKUR CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC No. 159 of 2022 BETWEEN:-

1. AMAR NATH JAGOTA, AGED 64 YEARS, S/O LATE SH. NAND LAL, R/O HOUSE NO. 116, KALYANA NAGAR, WARD NO. 4, VILLAGE HARIKUKAR, TEHSIL GHUMARWIN, DISTRICT BILASPUR, H.P.

2. GODAVARI JAGOTA, AGED 60 YEARS, W/O SH. AMAR NATH JAGOTA, R/O HOUSE NO. 116, KALYANA NAGAR, WARD NO. 4, VILLAGE HARIKUKAR, TEHSIL GHUMARWIN, DISTRICT BILASPUR, H.P.

3. GAURAV JAGOTA, AGED 32 YEARS, S/O LATE SH.AMAR NATH JAGOTA, R/O HOUSE NO. 116, KALYANA NAGAR, WARD NO. 4, VILLAGE HARIKUKAR, TEHSIL GHUMARWIN, DISTRICT BILASPUR, H.P. ….PETITIONERS (BY MR.AMAN PARTH, ADVOCATE.)

AND

1. STATE OF HIMACHAL PRADESH THROUGH PRINCIPAL SECRETARY (HOME), GOVT. OF H.P., SHIMLA.

2. ISHA BASSI W/O GAURAV JAGOTA, S/O AMAR NATH JAGOTA, R/O HOUSE NO.-116, KALYANA NAGAR, WARD NO. 4, VILLAGE HARIKUKAR, TEHSIL GHUMARWIN, DISTRICT BILASPUR, PRESENTLY RESIDING AT D/O KAPIL BASSI VILLAGE AND POST OFFICE BHAROMOTI KHURD, TEHSIL NADAUN, DISTRICT HAMIRPUR, H.P. ….RESPONDENTS (BY MS.SEEMA SHARMA, DEPUTY ADVOCATE GENERAL FOR RESPONDENT NO. 1.)

(BY MS.RICHA THAKUR, ADVOCATE, FOR RESPONDENT NO 2.)

Whether approved for Reporting?

This petition coming on for admission this day, the Court delivered the following:

J U D G M E N T

The instant petition, under Sectionf 482 of the Code of Criminal Procedure (herein after referred to as ‘Cr.PC’), has been filed by petitioners- accused, on the basis of compromise arrived at between them and complainant-respondent No. 2 Isha Bassi, for quashing FIR No. 49 of 2021, dated 9.12.2021, under Sections 498-A of the Indian Penal Code (herein after referred to as ‘IPC’), registered at Women Police Station, Hamirpur H.P. and criminal proceedings initiated in pursuance thereto.

2. Petitioners Amar Nath Jagota, Godavari Jagota and Gaurav Jagota as well as respondent No. 2-complainant Isha Bassi are present in the Court today. They have been duly identified by their respective counsel.

HTheir statements, on oath, have been recorded separately.

3. Respondent No. 2-complainant Isha Bassi in her statement has stated that her marriage was solemnized with petitioner Gaurav Jagota on 5.2.2018 according to Hindu rites and customs at Hamirpur, but due to differences of opinion and divergent views, they could not live together for more than 8 months and since more than 3 ½ years they are living separately and during this period, she has lodged FIR No. 49 of 2021 in Women Police Station, Hamirpur against the petitioners and petitioner Gaurav Jagota has filed a divorce petition for dissolution of marriage in Family Court Bilaspur camp at Ghumarwin. She has stated that during pendency of present petition, in mediation proceedings, matter has been amicably settled between them and as per settlement they have agreed to dissolve the marriage with mutual consent by filing an appropriate petition before the Family Court, Bilaspur camp at Ghumarwin and petitioners have agreed to pay 27,00,000/- as full and final alimony towards all claims on her part, by way of Demand Draft at the time of filing divorce petition with mutual consent and they have agreed to file joint petition for divorce on 7.9.2022 and, at that time, divorce petition filed by petitioner Gaurav Jagota shall be withdrawn and she has also agreed to withdraw her complaint on the basis of which FIR No. 49 of 2021 was registered in Women Police Station, Hamirpur and consequential Criminal Proceedings/proceedings initiated on the basis of complaint shall also be closed. She has further stated that as per compromise, they have agreed to close all Civil and Criminal ulitigations pending between them and, therefore, in terms of compromise all cases between them are to be closed as compromised and further that in terms of compromise a Kitty Set given to petitioner No. 2 is to be returned by the petitioners to Ishu (Isha Bassi) on 7.9.202h2 and t