Vikram Chand And Ors vs State Of H.P. And Ors

Satyen Vaidya, J

By way of instant petition, a prayer has been made to quash FIR No. 208 of 2021, dated 12.12.2021, registered at Police Station Baijnath, District Kangra, H.P., under Section 498-A and 34 of the Indian Penal Code and consequent criminal proceedings arising therefrom, on the basis of compromise.

Petitioner No. 3, Sunil Kumar and respondent No. 4, Sangeeta are legally wedded husband and wife. Their marriage was solemnized in the year 2015. A matrimonial discord arose between respondent No. 4 and petitioner No. 3, which gave rise to registration of FIR No. 208 of 2021. It is submitted that later the parties have settled the matter amicably and terms of the compromise deed have been recorded, vide Annexure P-4.

Respondent No. 4 is present in the Court today and her statement has been recorded on oath. She has verified the contents of the petition to be correct and has stated that the compromise has been entered into by her with petitioners as the petitioners had come forward with remorse. She also verified the contents of compromise deed, Annexure P-4. As per respondent No. 4, the compromise has been arrived at with the purpose to maintain peaceful and cordial relations in future.

Petitioners are also present in the Court today and their joint statement has also been recorded, whereby petitioners have verified the statement of respondent No. 4 recorded in the Court to be correct. They further verified the contents of Annexure P-4 as compromise having been arrived at between them and respondent No. 4. Petitioners undertook to maintain peaceful and cordial relations with respondent No. 4 in future.

I have gone through the contents of compromise, Annexure P-4 and have found its terms to be lawful.

The nature of dispute between the parties is more or less private. The compromise has been arrived at with the object to save the matrimonial life of petitioner No. 3 and respondent No. 4. In such circumstances, prolongation of prosecution of petitioners may prove counter productive. The settlement arrived at between the parties may be frustrated.

The prime objective of every civilized society is to maintain peace amongst its subjects. Marriage is an important link in the entire social fabric. It always will serve the ends of justice, in case the marital life of the citizens remain peaceful.

Even otherwise with the stand now taken by the parties, there is no possibility of success of the prosecution case and further proceedings to prosecute the petitioners will be nothing but abuse of process of Court.

In light of above discussion, the instant petition is allowed. FIR No. 208 of 2021, dated 12. 12.2021, registered at Police Station Baijnath, District Kangra, H.P., under Section 498- A and 34 of the Indian Penal Code and consequent criminal proceedings arising therefrom, are ordered to be quashed.

Pending miscellaneous application(s), if any, shall also stand disposed of.