Ashwani Kumar And Another vs State Of Himachal Pradesh And Another

Anoop Chitkara, J

Challenging the registration of FIR and consequent filing of police report under Section 173 (8) Cr.P.C, father-in-law and mother-in-law of the

complainant (respondent No.2), have come up before this Court seeking quashing of aforementioned FIR and consequent proceedings.

I have heard learned counsel for the parties and have gone through the record with utmost care.

The petitioners’ case is that the matter was compromised between the parties vide Annexures P-2 and P-3. After that, the present FIR was

registered on the same allegations, as such, it is hit by Article 20 (2) of the Constitution of India.

I have gone through the contents of FIR, which are reproduced in Annexure P-1. A perusal of FIR reveals that the complainant (respondent No.2)

have duly mentioned the fact of compromise, but she has stated that after the compromise, her father-in-law would trouble her in intoxication and was

also causing mental cruelty to her. She further stated that her husband would beat her alongwith mother-in-law and father-in-law and later on they

dropped her back at home.

A perusal of this report reveals that although the allegations of causing cruelty and mental harassment are specific against petitioner No.1, father-in-

law Ashwani Kumar, but these allegations are not specific against petitioner No.2, mother â€"in-law Chanchla Devi.

After compromise, the only allegations against respondent No.2, Chanchal Devi, are that when her husband would beat her, her father-in and

mother-in-law were also with him. This allegation is too general in nature against mother-in-law. Given the law laid down by the Hon’ble Supreme

Court in Geeta Mehrotra Vs. State of U.P. 2012(4), R.C.R. (Criminal) 812, prima facie there is no allegation against petitioner No.2, Chanchal Devi,

however, there are fresh allegations against petitioner No.1, Ashwani Kumar.

Given above, as far as FIR and proceedings against respondent No.2 are concerned, the same are quashed and set aside. However, as far as

petition of Ashwani Kumar, father-in-law, is concerned, there are prima facie allegations against him and the same are not required to be quashed.

The petition is partly allowed in the aforesaid terms. Pending miscellaneous application(s), if any, also stand disposed.