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Judgment
Anoop Chitkara, J
On 30th June, 2021, the victim (respondent No.2, herein), gave a written complaint to the aforementioned police station, which reads as under:-
“Subject: Regarding to forcefully physical relation and torture and Domestic Violence. Respected Madam, Jal Hind With due respect It s humbly
submitted that I, Jyati Dogra W/O Mr. Bodh Raj Thakur, RIO Village Sahi, PO Sidhot, Tah. Churah Kunde Himgir, Distt. Chamba HP at present
residing at her father house Sh. Ramesh Chand Dogra, RO Q. No. B, Type II Pooled Colony Hamirpur (HP), was married to Mr. Bodh Raj Thakur,
s/o of 8h. Sant Ram, resident of Village Sahi, P.O, Sidhot, Teh. Churah Kunda Himgirin, Distt. Chamba HP on 21 August, 2020 and il was Court
Marriage. My husband Bodh Raj Thakur Advocate HP High Court Shimla employed at Shimla and we both wore living there. It is further submitted
that we lived as husband and wife nicely and peacefully for about two months after the marriage. It is also submitted that after two months of our
marriage, the behaviour of my husband suddenly changed and he started beating, teasing. harassing me and also used to forcibly commit sexual
Intercourse upon me without my will and wishes, despite my great opposition to do so. He also used to threatened me on the pretext that either should
leave him, otherwise he will commit suicide, It is further submitted that he asked me to visit his native place Village Sahi, P.O Sidhot, Teh. Churah
Kunda Himgiri, Dist. Chamba HP along with her and thereafter we came to our aforesaid native place, He behaved with me nicely there and
thereafter the mother of my husband proclaimed that she had soon another girl to her son (Bodh Raj Thakur) and she wants to marry him again. My
husband used to threaten tease, torture and harass me again and again that and used to proclaim that other I should leave him otherwise he will
commit suicide. It is further humbly submitted that I tolerated such inhuman treatment/behaviour committed on me by my husband for long period,
however, now my tolerance power has go no beyond the human control. It is therefore, requested that FIR may kindly be ordered to be registered and
against my husband Bodh Raj Thakur aforesaid and proper justice may kindly be imparted upon me. Based on such information, the police registered
the aforementioned FIR.â€
After that vide a written compromise dated 19.06.2021, both the parties have amicably settled the dispute between them. The victim also gave an
affidavit to support such compromise, which is Annexure P-2 and form part of the record.
On 26.06.2021, victim appeared before this Court and made statement on oath, which is as under:-
“Stated that I have no objection if FIR No.16 of 2021, dated 30.01.2021, registered under Section 498A of IPC in Police Station Tissa, District
Chamba, is quashed because I have compromised the dispute with the petitioner Shri Bodh Raj Thakur. I do not want to continue in relationship with
him that is why I want to forget and thus, I am forgiving him. I have no objection, if the petition is allowed and proceedings are quashed. I am making
this statement in my full conscious state of mind and without any pressure of any kind. My statement be taken on record.â€
Similarly, even the accused also stated on oath and undertook that he will not stalk, threat or intimidate her.
Given the nature of incident, which is very trivial and the fact that the victim and accused are mature persons and understand the consequences of
statement on oath coupled with the compromise entered between them, there is no justification to continue with the FIR No.16 of 2021, dated
30.01.2021, registered under Section 498A of IPC in Police Station Tissa, District Chamba, is quashed and all consequent proceedings are also closed.
The petition is allowed.