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2019 DIGILAW 441 (HP)

Jasbir Singh v. State of H. P.

2019-04-23

TARLOK SINGH CHAUHAN

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JUDGMENT : TARLOK SINGH CHAUHAN, J. 1. By medium of this petition, the petitioners have sought quashing of FIR No.196 of 2013 dated 19.9.2013, registered at Police Station, Nalagarh, District Solan, H.P. under Sections 498-A, 506 and 34 IPC and consequential proceedings arising therefrom i.e. Criminal Case No. 146/2015, titled as State of H.P. vs. Jasbir Singh and others pending before the learned Additional Chief Judicial Magistrate, Nalagarh, District Solan, H.P. 2. Today, the petitioners and complainant/ respondent No.2 are present in the Court and identified as such by their respective counsel(s). The parents of complainant/respondent No.2, are also present in the Court. 3. A copy of the compromise deed has been annexed with this petition as Annexure P-2 and the same reads thus: "This deed of compromise has been executed on this 20th day of March, 2019 at Nalagarh, District Solan, H.P. Between Smt. Neelam W/o Sh. Jasbir Singh R/o Vill. Badaudi, Tehsil Kharar, Distt. Mohali, Punjab, presently residing with her parents at Village Rakh Ghansot, Tehsil Nalagarh, District Solan, H.P. Party of First Part. AND Jasbir Singh S/o Sh. Anokh Singh, R/o Vill. Badaudi, Tehsil Kharar, Distt. Mohali, Punjab. Party of Second Part. As under: 1. That being wife and husband respectively unfortunately both the parties have indulged into serious marital dispute for the almost last about five years and various serious legal proceeding between the parties are pending before various courts at Nalagarh i.e. (a) Petition u/s 12, 15, 17, 19, 20, 22 of the Protection of Women from Domestic Violence Act, 2005, titled Neelam vs. Jasbir Singh and Others i.e. Petition No. 58/03 of 2013 dated 18.2.2013 before the court of Honble J.M.I.C. Nalagarh. (b) Complaint/State case titled State vs. Jasbir Singh & others u/s 498A IPC, etc. pending before the Court of Honble A.C.J.M., Nalagarh, District Solan, H.P. (c) And petition u/s 13B H.M.A. 1955 pending before the Court of Honble Additional District Judge, Nalagarh, District Solan, H.P. And as such the marriage between both the parties is almost dead and has become irretrievable. 2. That with the intervention of common family friends and well wishers of both the families better senses have prevailed upon both the parties and in the interest of future life of both the parties and that of there off spring namely Master Lovepreet Singh. 2. That with the intervention of common family friends and well wishers of both the families better senses have prevailed upon both the parties and in the interest of future life of both the parties and that of there off spring namely Master Lovepreet Singh. Both the parties have arrived at a mutual compromise on the following terms:- (i) The party of first part had filed a Divorce Petition against second party of second part before Honble Additional District Judge, Nalagarh, which has been withdrawn by the petitioner party of first part to file fresh petition jointly for dissolution of marriage u/s 13B of the HMA, 1955 with the understanding that the party of second part will pay a lump sum amount of Rs.4 lacs to the party of first part as a final settlement of maintenance and alimony and amount of interim maintenance so allowed by the Court of Honble JMIC in petition u/s 12 of Protection of Women from Domestic Violence Act mentioned above and statements of both the parties qua such mutual settlement has been duly recorded by the National Lok Adalat on the same day and the party of second part has paid Rs.2 lacs in cash in court in the said case on 09.03.2019 (Lok Adalat) and petition u/s 13B HMA, 1955 for mutual divorce has been filed as agreed for mutual divorce in the Court of Honble ADJ, Nalagarh on 11.03.2019, and the same is now fixed for 16.09.2019 for second motion. (ii) It has been further agreed and decided that the party of first part will move for quashing the FIR 196 dated 19.09.2013 u/s 498-A, 506 and 34 IPC so registered at P.S. Nalagarh against party of second part and other family members in the criminal proceedings so pending in the said case before the Court of Honble ACJM by filing a petition before the Honble High Court of H.P. 3. That further the party of first part will withdraw the petition so filed by her u/s 12 etc. That further the party of first part will withdraw the petition so filed by her u/s 12 etc. of Protection of Women from DV Act pending before the court of Honble J.M.I.C., Nalagarh and all the applications so filed in the said petition with immediate effect with the understanding that the party of first part will not press execution for recovery of interim maintenance allowance so allowed by the Honble Trial Court as the same already stands merged into the payment so to be made by the party of second part in lumpsum as mentioned above. 4. That both the parties bind themselves to get the petition so filed u/s 13B of HMA, 1955 finally awarded for award of mutual divorce. 5. It is further agreed and undertaken by both the parties that party of second part will pay balance amount of Rs.2 lacs as final instalment on the date of quashing of proceeding u/s 498A, IPC etc. and withdrawal of petition u/s 12 etc. of D.V. Act and the date of second motion statement on which decree of divorce is awarded, whichever is later. That as agreed the party of first part has received back all the items so mentioned as istri dhan. 6. It has been mutually agreed that custody of the minor Master Lovepreet will remain with the party of first part till his majority. 7. That after payment of final installment of Rs.2 lacs, the party of first part will have no other claim against the party of second part and all such claims will stand finally settled and full and final payments of Rs.4 lacs as mentioned above in Court." 4. This Court interacted with the parties as also the parents of respondent No.2, who have specifically stated that the compromise has been entered into with the express consent and permission and they further requested that the matter be given quietus in terms of the compromise with the specific rider that the compromise shall not affect the rights of Master Lovepreet Singh, who has born out of the wedlock between petitioner No.1 and respondent No.2. 5. Prayer is accepted in view of the compromise arrived at between the parties and in view of the law laid down by the Honble Supreme Court in Narinder Singh & Ors. Vs. State of Punjab & Anr. JT 2014 (4) SC 573, Gian Singh Vs. 5. Prayer is accepted in view of the compromise arrived at between the parties and in view of the law laid down by the Honble Supreme Court in Narinder Singh & Ors. Vs. State of Punjab & Anr. JT 2014 (4) SC 573, Gian Singh Vs. State of Punjab and another (2012) 10 SCC 303 , Dimpey Gujral, W/o Vivek Gujral and others vs. Union Territory through Administrator, UT, Chandigarh and others (2013) 11 SCC 497 , J. Ramesh Kamath and others vs. Mohana Kurup and others AIR 2016 SC 2452 and Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Kumar and others Vs State of Gujarat and another, (2017) 9 SCC 641 . 6. The petition is allowed on the basis of the compromise entered into between the parties and it is made clear that the compromise so entered into between the parties shall not in any manner affect the rights of Master Lovepreet Singh and shall be binding only on the parties to the compromise. 7. Consequently, FIR No.196 of 2013 dated 19.9.2013, registered at Police Station, Nalagarh, District Solan, H.P. under Sections 498-A, 506 and 34 IPC and consequential proceedings arising therefrom i.e. Criminal Case No. 146/2015, titled as State of H.P. vs. Jasbir Singh and others pending before the Court of learned Additional Chief Judicial Magistrate, Nalagarh, District Solan, H.P., are quashed and set-aside. 8. The petition stands disposed of in the aforesaid terms, so also the pending application(s), if any.