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2025 DAILYLAW 37164 (HP)

VIBHOUR BHARDWAJ AND ORS v. STATE OF HP AND ORS

CRMMO/1068/2025 · 2025-12-04

Virender Singh

body2025

Judgment text

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2025:HHC:41992 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No. : 1068 of 2025 Decided on : 04.12.2025 Vibhour Bhardwaj & Others …Petitioners Versus State of Himachal Pradesh & Another …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Servedaman Rathore, Advocate. For the respondents : Mr. Tejasvi Sharma, Additional Advocate General, with Mr. Rohit Sharma & Ms. Avni Kochhar Mehta, Deputy Advocates General, for respondent No.1. Mr. Dhananjay Sharma, Advocate, for respondent No.2. Virender Singh, Judge (oral) Petitioners have filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), for quashing of FIR No.81 of 2022, dated 24.12.2022 (hereinafter referred to as the FIR, in question), registered with Police Station, Renukaji, District Sirmaur, H.P., under Sections 498-A and 506 read with Section 34 of the Indian Penal Code, 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:41992 (hereinafter referred to as the ‘IPC’), as well as, the proceedings resultant thereto, which are stated to be pending before the Court of learned Judicial Magistrate First Class, Nahan, District Sirmaur, H.P., (hereinafter referred to as the ‘trial Court’). 2. The relief of quashing has been sought on the basis of the compromise effected between the parties. 3. According to the petitioners, on the statement of respondent No.2, the FIR, in question, has been registered against them. 4. After registration of the FIR, in question, the police has conducted the investigation and submitted the charge-sheet, which is now pending adjudication before the learned trial Court. 5. According to the petitioners, during the pendency of the case, they and respondent No.2, have compromised, the matter. 6. The terms and conditions of the compromise have been reduced into writing, which are annexed with the petition, as, Annexure P-2. 3 2025:HHC:41992 7. On the basis of the above facts, a prayer has been made that the FIR, as well as, proceedings, resultant thereto, pending before the learned trial Court, may kindly be quashed and set aside, by allowing the petition. 8. When put to notice, although, the State has not filed the status report, however, the petitioners have enclosed the copy of the FIR, which reveals that complainant (respondent No.2) has made a complaint to the police, mentioning therein, that she was married to petitioner No.1 and after her marriage, her husband and in-laws used to maltreat her, by giving her beatings, on the pretext of bringing less dowry. On the complaint of the complainant (respondent No.2), the FIR in question has been registered against the petitioners. 9. The person, who, at one point of time, had levelled the allegations against the petitioners, and had lodged the FIR, in question, appeared, before this Court and made a statement, on oath, that due to some misunderstanding, undue haste and without realizing its implications, she had lodged the FIR, in question, against the petitioners. 4 2025:HHC:41992 10. Respondent No.2, has further deposed that now, she had given a rethought to the matter and decided not to pursue the FIR-complaint and the proceedings resultant thereto. She has also deposed that now, she is residing happily with her husband and in-laws peacefully. She has also deposed that she is not interested to pursue the FIR, in question, and the proceedings resultant thereto. 11. Similar type of statement has also been made by the petitioners, on oath. 12. Heard. 13. The marriage between petitioner No.1 and respondent No.2, is stated to have taken place in the year 2021. However, compelled by the circumstances, it seems that due to some misunderstanding, respondent No.2, had lodged the FIR, in question, against the petitioners, in which, the police has conducted the investigation and submitted the final report, which is now pending before the learned trial Court. 14. The efforts made by the petitioners have resulted into settlement of the matter and respondent 5 2025:HHC:41992 No.2, has now started residing with the petitioners, in the matrimonial home. 15. Not only this, as per the categoric stand taken by respondent No.2, all the disputes between petitioners and respondent No.2, have now been settled and they have entered into the compromise, the terms and conditions of which have been reduced into writing, vide compromise deed Annexure P-2. 16. The primary purpose of the law is to maintain peace and harmony in the society. When, petitioners and respondent No.2, have now started residing together, in the matrimonial home, after settling all the disputes, then, the sincere efforts, which they have made, must be recognized by the Court, by accepting the present petition, as prayed for. 17. Even otherwise, if respondent No.2, is compelled to pursue the criminal proceedings against the petitioners, pending before the learned trial Court, it would be nothing, but, abuse of the process of law and it would also adversely affect the matrimonial life of petitioner No.1 and respondent No.2. 6 2025:HHC:41992 18. Considering all these facts, this Court is of the view that in case, the present petition is allowed, it will, not only save the precious judicial time of the learned trial Court, but, it will also save the valuable relations between the parties i.e. petitioners and respondent No.2. The time, which, the learned trial Court, would have devoted for the decision of this case, may be devoted for deciding some other serious matter. 19. Considering all these facts, the petition is allowed and FIR No.81 of 2022, dated 24.12.2022, registered with Police Station, Renukaji, District Sirmaur, H.P., under Sections 498-A and 506 read with Section 34 of the IPC, as well as, the proceedings resultant thereto, pending before the learned trial Court, are ordered to be quashed. 20. The compromise Annexure P-2 and the statements of the parties, recorded in the Court, shall form part of the judgment. 21. Pending miscellaneous applications, if any, shall also stand disposed of accordingly. ( Virender Singh ) December 04, 2025(ps) Judge