Sandeep Sharma, J. (Oral)

By way of present petition filed under Section 528 of the BNSS, 2023, prayer has been made by the petitioners-accused (for short ‘accused’) for quashing of FIR No.0023 of 2019, dated 07.03.2019, under Sections 498-A and 34 of IPC, registered at Police Station Haripur, District Kangra, Himachal Pradesh, along with consequential proceedings pending in the competent Court of law, on the basis of compromise.

2. Precisely, the facts of the case, as emerge from the record are that FIR sought to be quashed in the instant proceedings, came to be lodged at the behest of respondent No.2-Ms. Sarita Paul (hereinafter, ‘complainant’), who alleged that her marriage with petitioner No.1 was solemnised on 11.11.2017 at Dehra, District Kangra, as per Hindu rites and customs, but from day one of her marriage, her husband along with other family members started maltreating her on account of bringing less dowry. She alleged that besides demanding dowry, petitioner No.1 also gave her beatings, as a result thereof, she was compelled to leave her matrimonial house. In a fore background, FIR, detailed hereinabove, came to be lodged against the petitioners.

3. Though after completion of investigation, Police has already presented Challan in the competent Court of law, but before same could be taken to its logical end, parties to the lis have decided to settle the dispute amicably inter se them by way of compromise placed on record. In terms of compromise, petitioner No.1 and complainant have got their marriage dissolved by way of mutual consent under Section 13-B of the Hindu Marriage Act. As per compromise, complainant as well as petitioners have agreed to withdraw all the cases, if any, filed by them against each other and as such, petitioners have approached this Court in the instant proceedings, praying therein to quash and set aside the FIR as well as consequent proceedings pending before the competent Court of law.

4. In terms of order dated 27.04.2026, respondent-State has filed status report, wherein factum of compromise has been duly acknowledged. Along with the aforesaid status report, which is taken on record, statement of complainant is also placed on record, whereby she states that she of her own volition and without there being any external pressure has entered into compromise with petitioners, whereby she as well as petitioner No.1 have decided to get their marriage dissolved by way of mutual consent.

5. Besides above, complainant has also come present and is being represented by Mr. Rajesh Mandhotra, Advocate. She states on oath that she of her own volition and without there being any external pressure has entered into compromise with the petitioners/accused, whereby they have decided to settle their dispute amicably inter se them. She states that since she has already taken divorce from petitioner No.1, she does not wish to prosecute the case further and shall have no objection in case aforesaid FIR as well as consequential proceedings pending in the competent Court of law are quashed and set aside and the petitioners are acquitted of the offences alleged in the FIR. While admitting contents of the compromise to be correct, she also admits her signatures thereupon. Her statement made on oath is taken on record.

6. Having heard statements made on oath by complainant, Mr. Rajan Kahol, learned Additional Advocate General, fairly states that no fruitful purpose would be served in case FIR as well as consequent proceedings, sought to be quashed, are allowed to sustain, rather that would unnecessarily widen the rift inter se petitioners and complainant. He further states that otherwise also, chances of conviction of petitioners-accused are very remote and bleak on account of the amicable settlement arrived inter se parties and as such, this Court may pass appropriate orders.

7. The question which now needs consideration is whether FIR in question can be ordered to be quashed when Hon'ble