Allowed

Karan Begra and Anr. v. State of Hp and Anr.

Himachal Pradesh HC5 Jul 2021CRMMO/241/2021

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh allowed a petition under Section 482 CrPC to quash an FIR registered under Sections 498-A, 504, 506 and 34 IPC. The court held that since the domestic dispute was resolved and a compromise was entered into, continuing proceedings would cause unnecessary bitterness.

What did the court decide?

FIR No. 153 of 2020 and all consequential proceedings quashed and set aside; bail bonds cancelled and discharged.

Karan Begra and Anr. Vs State of Hp and Anr. — Domestic Violence | Himachal Pradesh HC (2021)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr.MMO No.241 of 2021 Reserved on : June 18, 2021

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Date of Decision: July 5, 2021

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Karan Begta and another

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...Petitioners.

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Versus

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State of Himachal Pradesh and others

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...Respondents.

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Coram:

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The Hon’ble Mr. Justice Anoop Chitkara, Judge.

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Whether approved for reporting?¹ NO

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For the petitioner: Mr. Dalip K. Sharma, Advocate.

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For the respondents: Mr. Nand Lal Thakur, Additional Advocate General and Mr. Ram Lal Thakur, Assistant Advocate General, for the State.

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Mr. Vishal Sharma, Advocate, vice Mr. Balwinder Singh, Advocate, for Respondent No.2-Complainant.

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FIR No.	Dated	Police Station		Sections
153 of	30.6.2020	Sadar Shimla,	District	498(A), 504, 506
2020		Shimla, H.P.		and 34 of the IPC

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Anoop Chitkara, Judge

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On 30.6.2020, based on the complaint-Smt. Reena, second respondent herein, an FIR was registered in the aforesaid Police Station. The victim had complained that her husband and father-in-law had threatened her to do away with her life. Even earlier, they had meted cruelty against her, but said dispute

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1 Whether reporters of Local Papers may be allowed to see the judgment?

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was amicably resolved on their assurances that they will not trouble her again. In the complaint, she stated that her husband leaves her at 8:00 a.m. and returns at 11:00 p.m. He would not give time to her. They have also taken into possession all her jewellery. She alleged that she had no place in their house. After that, on 25.2.2021, the complainant entered into a compromise with A-1 and A-2. As per the compromise (Annexure P-2), it is stated that now they are living happily and the complainant stated that the FIR was filed due to misunderstanding.

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Seeking quashing of the above-mentioned FIR, accused persons filed present petition under Section 482 of the Cr.PC. They arraigned the victimcomplainant as second respondent.

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On 18.6.2021, the complainant appeared in this Court and stated on oath that she had entered into a compromise on her own will and she also stated that she has no objection if FIR and consequential proceedings are quashed.

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Since the dispute was between the wife and her in-laws, which stand resolved, as such, continuation of the case would only cause bitterness in the relationship which is not the purpose of criminal jurisprudence.

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Consequently, this petition is allowed and FIR No.153 of 2020, dated

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30.6.2020, registered at Police Station, Sadar Shimla, District Shimla, H.P., for the commission of offences punishable under Sections 498-A, 504, 506 and 34 of the Indian Penal Code, is quashed. Since FIR has been quashed, all

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the consequential proceedings, if any, are also quashed and set aside. The bail

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bonds are accordingly cancelled and discharged.

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Pending application(s), if any, are also disposed of.

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Anoop Chitkara, Judge July 5, 2021 ( ks ).

Karan Begra and Anr. v. State of Hp and Anr.

Case brief

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Karan Begra and Anr. v. State of Hp and Anr.

Case brief

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