Nisha Devi vs State Of Himachal Pradesh And Another

Ajay Mohan Goel, J

Cr. MP No. 655 of 2021

Mr. K. B. Khajuria, learned counsel for the petitioner/applicant submits that the petitioner/applicant has filed an application under Section 482 of the Code of Criminal Procedure, praying for impleadment of Sh. Shanu, son of Sh. Rais, resident of Mohalla Katra, Nikat Station Road, Dhanaura, Amroha, Dhanaura, Uttar Pradesh, as respondent No. 2 in the present petition. The application, copy whereof has been handed over by learned counsel for the petitioner/applicant to the Court itself, is ordered to be taken on record. Registry is directed to register the same.

Having heard learned counsel for the applicant and perused the averments made in the same, this application is allowed and Sh. Shanu, son of Sh. Rais, resident of Mohalla Katra, Nikat Station Road, Dhanaura, Amroha, Dhanaura, Uttar Pradesh is ordered to be impleaded as respondent N. 2 in the petition. Amended memo of parties is ordered to be taken on record. Application stands disposed.

Cr. MMO No. 386 of 2020

Notice to the newly added respondent. Mr. Rajiv Rai, learned counsel, has put in appearance on behalf of the newly added respondent No. 2. Mr. Shanu is duly identified by Mr. Rajiv Rai, Advocate, who undertakes to file his Power of Attorney on behalf of Mr. Shanu during the course of the day.

The parties through learned counsel submit before the Court that they have amicably decided to put an end to their relationship and respondent No. 2­Shanu shall divorce petitioner­Nisha Devi, in accordance with law by initiating the process in this regard within a period of four weeks from today. Statements of respondent No. 2­Shanu as well as petitioner­Nisha Devi have been separately recorded in the Court.

By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing of FIR No. 16, dated 18.02.2020, registered under Sections 498A, 506 and 34 of the Indian Penal Code at Police Station Shimla (East), H.P.

I have heard learned counsel for the petitioner as well as learned counsel for respondent No. 2 and learned Additional Advocate General.

Petitioner­ Nisha Devi, who is present in person in the Court, has been duly identified by her counsel Mr. K.B. Kajuria, Advocate. Her statement has also been independently recorded in the Court, wherein she has stated that the issue which led to the registration of FIR has been settled between her and respondent No. 2 and now as it stands decided between her and respondent No. 2 that respondent No. 2 shall give divorce to her in accordance with law, she intends to put an end to the dispute by withdrawing the FIR in issue. Separate statement of respondent No. 2­Shanu, who has been duly identified by Mr. Rajiv Rai, Advocate, to this effect has also been recorded, wherein he has stated that he shall initiate the process to give divorce to the petitioner within a period of four weeks from today in accordance with law and ensure that the proceedings are taken to their logical conclusion, as expeditiously as possible. He further assured the Court that he shall not create any interference in the life of the petitioner and her family members.

Learned Additional Advocate General has also very fairly submitted that the respondent­State has no objection in case petition is allowed and FIR in issue is quashed and set aside, as the matter stands amicably settled between the parties.

Accordingly, in view of above, this petition is allowed and FIR No. 16, dated 18.02.2020, registered under Sections 498A, 506 and 34 of the Indian Penal Code at Police Station Shimla (East), H.P. is quashed and set aside, taking into consideration the statements of the petitioner (complainant) as well as respondent No. 2­accused made today in the Court, which shall form part of the judgment. Miscellaneous applications, if any, also stand disposed of.