AI Structured Summary
Not yet generated for this judgment
Judgment
Rakesh Kainthla, Judge
The petitioners have filed the present petition for quashing of FIR No. 7 of 2023 dated 18.05.2023, registered at Women Police Station, Sadar, District Bilaspur, H.P. for the commission of offences punishable under Sections 498-A, 323, 504 and 506 read with Section 34 of the Indian Penal Code (IPC) based on a compromise between the parties.
It has been asserted that marriage between the informant and petitioner no. 1 was solemnised according to Hindu rites and customs. However, the matrimonial disputes arose between them and FIR No. 7 of 2023 was registered against the petitioners. The matter has been reconciled between the parties. The informant is residing in her parental home, and she does not have any grudge against the petitioners. The dispute between the parties is private in nature, and the informant does not want to proceed further with the matter. Hence, the present petition.
The statement of the informant/victim Vinita Kumari was recorded on 11th August. 2026, in which she stated that she had entered into a compromise with the petitioners voluntarily without any influence from any person. The informant and her husband have decided to divorce each other, and the informant does not want to proceed further with the matter.
I have heard the learned counsel for the parties and have gone through the records carefully.
The offences punishable under Section 323, 504, and 506 of the IPC are compoundable under Section 320 of the CrPC. Section 320(3) of the CrPC provides that when an offence is compoundable under this section, and a person is liable under Section 34 of the IPC, the offences may be compounded. Thus, the offences punishable under Section 323, 504 and 506 read with Section 34 of the IPC can be compounded under Section 320 of the CrPC.
The offence punishable under Section 498-A relates to a matrimonial dispute and can be quashed based on the compromise as per Gian Singh versus State, 2012 (10) SCC 303, Narender versus State of Punjab, 2014 (16) SCC 466, Vikas Singh vs. State of H.P. (2023)I DMC 335 (HP) and Sanjay Kumar vs. State of H.P 2023 (1) Him L.R. 602. These judgments are binding on this Court.
In view of the above, the present petition is allowed, and the FIR No. 7 of 2023, dated 18.05.2023, registered for the commission of offences punishable under Sections 498-A, 323, 504 and 506 read with Section 34 of IPC at Women Police Station Sadar, District Bilaspur, H.P. and consequential proceedings arising out of the FIR are quashed.
Petition stands disposed of in the above terms, so also pending applications, if any.
Parties are permitted to produce a copy of this judgment, downloaded from the webpage of the High Court of Himachal Pradesh, before the authorities concerned, and the said authorities shall not insist on the production of a certified copy but, if required, may verify passing of the order from the website of the High Court.