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2026 DAILYLAW 390 (MEG)

MANOJ KUMAR v. STATE OF MEGHALAYA AND ANR.

Crl.Petn./9/2026 · 2026-06-29

Revati Mohite Dere

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF MEGHALAYA AT SHILLONG Crl.Petn.No.9/2026 Date of Order: 29.06.2026 Shri Manoj Kumar ..... Petitioner Vs. 1. State of Meghalaya, through the Commissioner & Secretary to the Government of Meghalaya, Department of Home (Police), Secretariat, Shillong, Meghalaya. 2. Smti. Vimlesh Harichand Kaushik ..... Respondents Coram: Hon’ble Mrs. Justice Revati Mohite Dere, Chief Justice Appearance: For the Petitioners : Ms. A.D. Syiem, Adv with Mr. G. Syngkrem, Adv For the Respondents : Mr. S. Chanda, LAC for R/2 i) Whether approved for reporting in No Law journals etc.: ii) Whether approved for publication in press: No JUDGMENT: (Oral) Heard learned counsel for the parties. 2. By this petition preferred under Section 528 of the BNSS, the petitioner seeks quashing of the FIR dated 10th January, 2019, registered with the Madanrting Police Station, being P.S. Case No.8(01) 2019, for the alleged offences punishable under Serial No.06 Daily List 2026:MLHC:630 Sections 341/323/506/384/511 of the IPC, as well as G.R. Case No.81(A) 2022, pending before the learned Chief Judicial Magistrate, Shillong, East Khasi Hills, Meghalaya, for the alleged offences punishable under Sections 377/498A/506 of the IPC. 3. Quashing is sought on the premise that the parties had amicably settled their dispute and while entering into a mutual consent divorce under Section 13B of the Hindu Marriage Act. 4. Perused the petition. 5. Although, various proceedings were initiated by the parties against each other, it appears that eventually the parties i.e., the petitioner and the respondent No.2, filed a petition under Section 13B of the Hindu Marriage Act, seeking dissolution of marriage by mutual consent. It appears that the parties have affirmed an affidavit before the Notary Public, Shillong. The said affidavit is at Annexure-11 at page 137. From the said affidavit filed by the parties, it appears that respondent No.2, had agreed to close the cases initiated by her against the petitioner, in view of the compromise agreement duly executed between her and the 2026:MLHC:630 petitioner. The said affidavit has been signed by both the parties i.e., the petitioner and the respondent No.2. On page 139 Annexure-12 is the affidavit of the respondent No.2. From the said affidavit, it appears that as part of the settlement, the respondent No.2 has received ₹7 lakhs from the petitioner and as such, has stated that she did not wish to pursue the case i.e., FIR No.01 dated 10th January, 2019 filed at Faridabad by her (respondent No.2). The respondent No.2 has stated that as and when her husband i.e., the petitioner files a petition seeking quashing of the said FIR, she will cooperate with the same. In all, according to the learned counsel for the respondent No.2, the respondent No.2 has received ₹14 lakhs as and by way of full and final settlement. 6. Considering the aforesaid, i.e., the petitioner and the respondent No.2, who were husband and wife have mutually settled their dispute and had obtained a divorce by mutual consent and the respondent No.2 has received a total sum of ₹14 lakhs, as was agreed upon between the parties and having regard to the no objection given by the respondent No.2 to the 2026:MLHC:630 quashing of the cases initiated by her against the petitioner, there is no impediment in allowing the petition. 7. The petition is accordingly allowed and the FIR registered with the Madanrting Police Station, being P.S. Case No.8(01) 2019, as well as G.R. Case No.81(A) 2022, pending before the learned Chief Judicial Magistrate, Shillong, East Khasi Hills, Meghalaya, stand quashed and set aside qua the petitioner. 8. Accordingly, the petition is disposed of on the aforesaid terms. 9. All parties to act on the authenticated copy of this order. (Revati Mohite Dere) Chief Justice Meghalaya 29.06.2026 “Lam DR-PS” 2026:MLHC:630 Digitally signed by LAMPHRANG KHARCHANDY Date: 2026.06.29 17:01:22 IST