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Jasbir Singh And Others vs State Of H.P. And Another on 23 April, 2019

IN THE HIGH COURT OF HIMACHAL PRADESH,
SHIMLA

.

Cr. MMO No. 197 of 2019.

Date of decision: 23.4.2019.

Jasbir Singh and others …..Petitioners.

Versus

State of H.P. and another …. Respondents.

Coram
The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge.

Whether approved for reporting?1 No

For the Petitioners : Ms. Seema K.Guleria, Advocate.

For the Respondents : Mr. Vinod Thakur and Mr. Sudhir

Bhatnagar, Additional Advocate
Generals, with Mr. Bhupinder
Thakur, Ms. Svaneel Jaswal, Dy.
Advocate Generals and Mr. Ram Lal

Thakur, Asstt. A.G. for respondent
No.1.

Ms. Kusum Lata, Advocate, for
respondent No.2.

Tarlok Singh Chauhan, Judge (Oral)

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

1
Whether the reporters of the local papers may be allowed to see the Judgment?Yes

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2

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 20 th
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.

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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 Hon’ble 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
Hon’ble A.C.J.M., Nalagarh, District Solan, H.P.

c) And petition u/s 13B H.M.A. 1955 pending before the

Court of Hon’ble 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. 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 Hon’ble 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 Hon’ble JMIC in petition u/s 12 of
Protection of Women from Domestic Violence Act

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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 Hon’ble 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 Hon’ble ACJM by

filing a petition before the Hon’ble 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. of Protection of Women from
DV Act pending before the court of Hon’ble 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 Hon’ble 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.

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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

Hon’ble Supreme Court in Narinder Singh Ors. Vs. State of

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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.

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8. The petition stands disposed of in the aforesaid

terms, so also the pending application(s), if any.

.

Copy dasti.

23rd April, 2019 (Tarlok Singh Chauhan),
(GR) Judge

r to

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