Allowed

Satyander Singh and Others v. State of Hp and Others

Himachal Pradesh HC17 Sept 2024CRMMO/603/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of FIR No. 121 of 2020 registered for matrimonial offences. The parties had settled the dispute amicably and dissolved their marriage by mutual consent; the wife stated she did not wish to proceed. Citing precedent on quashing after compromise, the court allowed the petition and quashed the FIR and consequent proceedings.

What did the court decide?

FIR No. 121 of 2020 dated 21.7.2020 under Sections 498A, 323, 406 and 506 r/w Section 34 IPC and consequent proceedings against petitioners were quashed.

Satyander Singh and Others Vs State of Hp and… — Dowry and Cruelty | Himachal Pradesh HC (2024)

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Neutral Citation No. ( 2024:HHC:8610 )

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr. MMO No. 603 of 2024. Reserved on: 23.8.2024. Date of Decision: 17.09.2024.

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Satyander Singh & others ...Petitioners Versus State of H.P. and others ...Respondents

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Coram

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Hon’ble Mr Justice Rakesh Kainthla , Judge.

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Whether approved for reporting?¹ No.

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For the Petitioners : Mr. Ankit Dhiman, Advocate. For the Respondents : Mr. Lokender Kutlehria, Additional Advocate General for respondents No.1 and 2/State.

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Rakesh Kainthla, Judge

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The petitioners have filed the present petition for quashing of FIR No. 121 of 2020, dated 21.7.2020, registered for the commission of offences punishable under Sections 498A, 323, 406 and 506 read with Section 34 of the Indian Penal Code and the consequent proceedings arising out of the FIR.

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It has been asserted that respondent No.3 lodged an

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FIR against the petitioners on 21.7.2020 alleging that her in-laws

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

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Neutral Citation No. ( 2024:HHC:8610 )

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were harassing her mentally and physically. They demanded from her. used to threaten the money They

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complainant/respondent No.3 to bring money from her parents or else they would kill her. The dispute between the parties has been settled amicably and the parties have entered into a compromise. Hence, it has been prayed that the FIR be quashed as per the compromise entered between the parties.

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The statement of the informant/wife was recorded on 26.7.2024 in which she stated that she had entered into a compromise with the petitioners/accused persons. She did not want to proceed further with the matter as per the compromise.

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From the statement of the informant/wife it is apparent that the parties have compromised the matter amicably. A compromise deed has also been placed on record mentioning that the parties have dissolved the marriage with mutual consent. Since the parties have settled their dispute and the present petition had arisen out of matrimonial discord, therefore, the FIR registered for the commission of offences punishable under Section 498A, 323, 406 and 506 read with Section 34 of IPC can be quashed as per the judgments in Gian Singh versus State, 2012 (10) SCC 303 , Narender versus State of Punjab, 2014 (16) SCC 466, Vikas

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Neutral Citation No. ( 2024:HHC:8610 )

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Singh vs. State of H.P.(2023)I DMC 335 (HP) and Sanjay Kumar vs. State of H.P2023 (1) Him L.R. 602 .

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Consequently, the present petition is allowed and FIR No. 121 of 2020, dated 21.7.2020, registered for the commission of offences punishable under Sections 498A, 323, 406 and 506 read with Section 34 of the Indian Penal Code and consequent proceedings pending/initiated against the petitioners-accused in pursuance thereto, are also quashed.

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Petition stands disposed of in the above terms, so also pending miscellaneous applications, if any.

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Parties are permitted to produce a copy of this judgment, downloaded from the web-page 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 Website of the High Court.

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(Rakesh Kainthla) Judge

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17^th September, 2024 (Chander)

Satyander Singh and Others v. State of Hp and Others

Case brief

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Satyander Singh and Others v. State of Hp and Others

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