Poonam Kumari & Another vs State Of H.P

Ajay Mohan Goel, J

Notice. Mr. Ranjan Sharma, learned Additional Advocate General accepts notice on behalf of the respondent-State.

By way of this petition, filed under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing of F.I.R. No. 198 of 2020,

dated 24.09.2020, registered at Police Station Sadar Hamirpur, District Hamirpur, H.P., under Sections 323, 376 read with Section 34 of the Indian

Penal Code, on the ground that the issue which led to the registration of the present F.I.R., has been amicably settled between the parties and in fact

the parties are now married to each other and no purpose is going to be solved by keeping the proceedings peding, which stand initiated post lodging of

the said F.I.R.

The complainant is petitioner No.1 before the Court. She is duly present in the Court and has been identified by her counsel. Her statement has also

been separately recorded, wherein she has stated that she is now married to the accused in the F.I.R., who is petitioner No.2 in this petition. She has

further stated before the Court that an affidavit which is appended with the petition as Annexure P-4, in which she has deposed that she has married

to the accused, has been sworn in by her out of her own free will and volition and not under coercion and duress. She has further deposed in the Court

that the statement which she has made in the Court today is also out of her own free will and volition.

Learned Additional Advocate General submits that in the peculiar facts of the case, State has no objection in case appropriate orders are passed

and FIR in issue is quashed.

Having perused the contents of the F.I.R., as well as the Sections of the Indian Penal Code under which the said F.I.R. has been registered and

further taking into consideration the fact that the complainant himself is not interested in pursuing the same any further, this Court is of the view that

no purpose will be solved by continuing with the trial of the case in issue. This is more so for the reason that when the complainant himself is not

interested in pursuing the matter which stood initiated at his behest, there is each and every possibility and probability of the accused therein being

acquitted.

Further, taking into consideration the background as is borne out from the contents of the F.I.R., and further the fact that the parties have resolved

the matter and they want to live in peace and harmony with each other, this Court is of the view that the powers conferred upon it under Section 482

of the Cr.P.C. can be invoked to put an end to the dispute in issue. Ordered accordingly.

Accordingly, present petition is allowed, as prayed for. F.I.R. No. 198 of 2020, dated 24.09.2020, registered at Police Station Sadar Hamirpur,

District Hamirpur, H.P., under Sections 323, 376 read with Section 34 of the Indian Penal Code, also ensuing criminal proceedings, if any, are ordered

to be quashed and set aside. Petition stands disposed of in above terms, so also miscellaneous applications, if any.

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