Harsh Bir Singh vs State of Himachal Pradesh and Parminder Kaur alias Ruhi

Kuldip Singh, Judge

This is a petition u/s 482 Cr.P.C. for quashing FIR No. 130 dated 12.8.2009 registered at Police Station Sadar, Shimla under Sections 498A, 415, 406 and 506 IPC and case No. 33-2 of 2009 arising out of said FIR pending in the Court of learned Judicial Magistrate 1st Class, Court No. (4), Shimla. The facts, in brief, are that respondent No. 2 was married to petitioner No. 1 on 6.5.2007 at Jalandhar. The respondent No. 2 and petitioner No. 1 could not pull together properly due to strained relations. The respondent No. 2 left the matrimonial home in June, 2009. On 12.8.2009 the respondent No. 2 lodged an FIR at Police Station Sadar, Shimla. After the completion of investigation, the investigating agency has filed challan against the petitioners and they are facing trial in the Court of learned Judicial Magistrate 1st Class, Court No. (4), Shimla. It has been stated that the other criminal cases have also been filed by both the parties at Shimla and Jalandhar.

The matter has now been settled. The parties have decided to withdraw the criminal cases against each other as per compromise dated 21.7.2011 filed in the Court of learned Additional District Judge, Jalandhar. A copy of the compromise dated 21.7.2011 has already been placed on record. It has been stated in the compromise that the parties have withdrawn the cases which were compoundable within the jurisdiction of the learned Courts below. However, the case arising out of FIR No. 130 dated 12.8.2009 registered at Police Station Sadar, Shimla is non-compoundable. The petition has been filed for quashing of FIR No. 130 dated 12.8.2009 and Criminal case arising out of FIR No. 130 dated 12.8.2009 pending in the Court of learned Judicial Magistrate 1st Class, Court No. (4), Shimla. The petitioners have placed on record the affidavit dated 12.12.2011 of respondent No. 2.

The notice was issued to respondent No. 2. The respondent No. 2 put in appearance in the Court in person on 28.2.2012. She has stated that she has gone through the affidavit dated 12.12.2011 which is on the file and has stated that said affidavit was given by her. She has no objection in case the petition is allowed.

Heard. The parties were married on 6.5.2007 at Jalandhar. The petitioner No. 1 has filed petition under Sections 12 and 13 of the Hindu Marriage Act, 1955 for annulling marriage of petitioner No. 1 and respondent No. 2 by a decree of divorce. The petitioners have been chargesheeted for the offences punishable under Sections 498A, 417, 406 and 506-II IPC by the learned Judicial Magistrate 1st Class, Court No. (4), Shimla. In the divorce petition, the parties have filed compromise deed dated 21.7.2011. In the compromise deed, it has been stated that Parminder Kaur alias Ruhi has filed a criminal case vide FIR No. 130 dated 12.8.2009 under Sections 498A, 415, 406 and 506 IPC at P.S. Sadar, Shimla which is pending in the Court at Shimla. It has been stated that Parminder Kaur alias Ruhi could not reconcile to live together and with the intervention of respectables Harsh Bir Singh and Parminder Kaur alias Ruhi have decided to dissolve their marriage by mutual consent by way of decree of divorce. Parminder Kaur alias Ruhi and his father shall withdraw all the cases filed by them against Harsh Bir Singh and his family members and she will move an application for withdrawal of the cases or make the statement before the High Court, if so required for quashing the petition u/s 482 Cr.P.C.

In the affidavit dated 12.12.2011, respondent No. 2 has stated that she has no objection quashing proceeding /charge under Sections 498A, 406, 506 and 34 IPC in FIR No. 130 dated 12.8.2009 pending in the Court of Judicial Magistrate 1st Class, Court No. (4) at Shimla. In fact, respondent No. 2 has prayed that FIR No. 130 dated 12.8.2009 arising out of said FIR may be quashed. The respondent No. 2 wants to live and settle peacefully and lead a new life afresh.

In B.S. Joshi and Others Vs. State of Haryana and Another, , it has been held that powers of the High Court u/s 482 of the Code are not, in any manner controlled by Section 320 of the Code. This has again been reiterated by the Supreme Court in Shiji alias Pappu and others vs. Radhika and another 2011 (10) SCC 705. In Criminal Case No. 178-1/1999 under Sections 498A, 323, 506, 109 IPC the case pending in the Court of learned Judicial Magistrate 1st Class (II) Una was quashed by learned Single Judge. In Rajinder Singh and others vs. State of H.P. and another 2004 (2) SLC 5 after the compromise between the parties the proceeding under Sections 498A, 34, 506 and 323 IPC pending in the Court was quashed.

In the present case FIR No. 130 dated 12.8.2009 was registered at Police Station Sadar, Shimla at the instance of respondent No. 2. It appears matrimonial life of petitioner No. 1 and respondent No. 2 got disturbed, they could not pull together properly. It has also come on record that several cases were filed by both the sides. The petitioner No. 1 filed divorce petition against respondent No. 2 at Jalandhar. In the divorce petition, the matter has been compromised vide compromise deed dated 12.7.2011, the copy of which has been placed on the record.

I have gone through the compromise deed dated 12.7.2011, petition which is supported by an affidavit of petitioner No. 1. I have also gone through the affidavit dated 12.12.2011 of respondent No. 2. I am satisfied that the matter has been settled between the parties. In view of the stand now taken by the petitioner No. 1 and respondent No. 2 the continuation of case arising out of FIR No. 130 dated 12.8.2009 registered at Police Station Sadar, Shimla will be an exercise in futility. It appears respondent No. 2 and her witnesses very likely will not support the prosecution case. In view of above in the interest of justice it is a fit case where FIR No. 130 dated 12.8.2009 registered at Police Station Sadar, Shimla and Criminal Case No. 33-2 of 2009 arising out of FIR No. 130 dated 12.8.2009 and pending in the Court of learned Judicial Magistrate 1st Class, Court No. (4), Shimla are liable to be quashed. Hence, petition is allowed, FIR No. 130 dated 12.8.2009 registered at Police Station Sadar, Shimla under Sections 498A, 415, 406 and 506 IPC and Criminal Case No. 33-2 of 2009 arising out of the said FIR pending in the Court of learned Judicial Magistrate 1st Class, Court No. (4), Shimla are quashed.