Aman vs Manisha Kumari And Others

Jyotsna Rewal Dua, J

Cr.MP No.209 of 2021

For the reasons stated therein, the application is allowed and the documents filed therewith are ordered to be taken on record.

The application stands disposed of. Cr.MMO No.57 of 2021

Instant petition is for quashing FIR No.3/2021, dated 05.02.2021, registered at Women Police Station, Hamirpur, under Sections 376, 323 of the

Indian Penal Code and Sections 3(1)(w)(i) & 3(1)(w)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short

‘SC & ST Act’).

The FIR was registered on the basis of complaint lodged by respondent No.1, who is daughter of respondent No.2 (father) and respondent No.3

(mother) . Prayer for quashing of FIR is made on the basis of compromise deed dated 09.02.2021, placed on record as Annexure P-2, executed

between the petitioner and respondents No.1 to 3. The compromise records that subsequent to registration of FIR, marriage was solemnized between

the petitioner and respondent No.1 on 08.02.2021 by following Hindu rites and ceremonies. The parties thereafter are statedly cohabiting as husband

and wife. The compromise further records that the matter in controversy between the parties in the afore-numbered FIR has been amicably settled

between them due to the efforts and attempts made by their friends and family members. Resultantly, the respondents do not desire to continue with

the FIR.

The petitioner, respondent No.1/complainant and her parents, i.e. respondents No.2 and 3, are present in the Court and have been identified as such

by their respective learned counsel. Vide their separate statements recorded today, all the respondents including respondent No.1 (complainant) have

deposed that marriage has been solemnized between the petitioner and respondent No.1 on 08.02.2021, on account of which, the complainant and the

accused (petitioner) are cohabiting and residing together as husband and wife. The complainant as well as her parents have expressed their intention

not to pursue the FIR in question any further in view of marriage of respondent No.1 with the petitioner. They have further stated that the compromise

deed (Annexure P-2) was executed by them of their own free will and accord without any fear or pressure.

Learned Additional Advocate General has fairly submitted that he has no objection in case the relief prayed for in the petition is granted in view of

the aforesaid compromise and in view of the marriage between the complainant and the petitioner.

Considering the fact that the petitioner and respondent No.1 have solemnized marriage and are cohabiting together as husband and wife and the

fact that the respondents including respondent No.1 (complainant), do not wish to pursue the complaint/FIR any further, then no useful purpose will be

served by continuing the proceedings arising out of the FIR in question. The possibility of conviction in such circumstances would be very very remote.

The continuation of proceedings will be to the detriment of the petitioner causing him unnecessary harassment and injustice. When the complainant

does not want to hold the accused person responsible, then quashing of such FIR, more so in the facts and circumstances of the case, would certainly

be in the interest of justice.

Consequently, the present petition is allowed and FIR No.3/2021, dated 05.02.2021, registered at Women Police Station, Hamirpur, under Sections

376, 323 of the Indian Penal Code and Sections 3(1)(w)(i) & 3(1)(w)(ii) of the SC & ST Act, is quashed and set aside.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

Copy dasti.