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12025:HHC:45980

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

Cr. MMO No. 1220 of 2025

Decided on : 29.12.2025

Ashwani Kumar

…Petitioner

Versus

State of H.P.& anr. …Respondents

____________________________________________________

Coram

Hon’ble Mr. Justice Viurender Singh, Judge

Whether approved for reporting?

_________________o___________________________________

For the PetitiConer : Mr. Piyush Dhanotia,

Advocate.

For the Respondents : Mr. Mohinder Zharaick, Addl.

A.G. for respondent No.1.

Mr. Anshul Gandhi, Advocate,

for respondent No. 2.

Virender Singh, Judge (oral )

Petitioner has filed the present petition, under

Section 528 of the Bhartiya Nagrik Suraksha Sanhita

(hereinafter referred to as ‘the BNSS’) seeking

quashing of FIR No. 110 of 2019, dated 4.8.2019,

registered under Sections 498-A, 406, 323, 504 and

506 of the Indian Penal Code (hereinafter referred to as

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‘the IPC’) with Police Station, Amb, District Una,

H.P., as well as, the proceedings resultant thereto.,

pending in the Court of learned Additional Chief

Judicial Magistrate, Court No. 1, Amb, DisHtrict Una,

H.P. (hereinafter referred to as ‘the trial Court’), in view

of the compromise, having been effected, between the

petitioner and respondent No. 2.

2. According to the petitioner, FIR in question

was registered against him at the instance of

respondent No. 2, due to matrimonial dispute, having

been arisen between petitioner and respondent No. 2.

3. After registration of the FIR, the criminal

machinery swung into motion. After completion of the

investigation, report under Section 173(2) of Cr. P.C.

was submitted in the trial Court.

4. During the pendency of the case, before

learned trial Court, the parties have settled the matter.

As per settlement, marriage between petitioner and

respondent No. 2 has already been dissolved, vide

judgment and decree, dated 6.3.2021, by the learned

Additional Principal Judge-II, Family Court, Una, H.P.

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5. On the basis of above, a prayer has been made

to allow the present petition. .

6. When put to notice, respondent No. 1 has filed

the status report, disclosing therein the mHanner, in

which, the FIR in question has been registered and the

Police has investigated the matter and submitted

report under Section 173(2) Cr. P.C., before the

learned trial Court.

8. Today, the person, who, at one point of time,

had levelled the allegations, against the petitioner, i.e.

respondent No. 2, appeared and stated, on oath, that

she wa s married to petitioner and thereafter, dispute

had arisen between them, out of matrimonial discord.

Thereafter, according to her, she had lodged FIR

against the petitioner, in which, police has conducted

the investigation and submitted the report under

Section 173(2) of the Cr. P.C., which is pending before

the learned trial Court.

9. According to respondent No. 2, she and

petitioner have parted their ways, by dissolving their

marriage. She has deposed that she has no claim

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whatsoever, with regard to past, present and future

maintenance, towards the petitioner, and all the.

disputes between her and the petitioner, have now

been resolved. H

10. On the basis of compromise, Annexure P-4,

she has categorically stated that she has no objection,

in case the FIR, as well as, proceedings resultant

thereto, pending before the learned trial Court, are

quashed.

11. Similar type of statement has also been made

by the petitioner, in which, he has also reiterated that

he is g overned by the terms and conditions of the

compromise, Annexure P-4.

12. Heard.

13. Parties to the present lis, i.e. petitioner and

respondent No. 2 have settled the inter se disputes

having been arisen between them, by dissolving their

marriage. The compromise is Annexure P-4, according

to which the parties have settled all their disputes and

bound themselves by the same. As such, continuation

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