Breaking News Himachal Pradesh High Court disposes of FIR by woman...

Himachal Pradesh High Court disposes of FIR by woman over dowry demands after compromise

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Shimla, Oct 21 (ILNS) The Himachal Pradesh High Court on Tuesday quashed an FIR filed by a wife on allegations of cruelty (under Section 498A of IPC) saying that, even if the trial is allowed to be continued there are bleak chances of conviction to secure the ends of justice as the parties have arrived at a compromise on the matter.

A Single-Judge Bench of Justice Chander Bhusan Barowalia heard the petition of a husband who sought to quash an F.I.R  filed on January 19, 2020, under Section 498-A(cruelty) of the Indian Penal Code registered at Women Police Station Dharamshala, District Kangra, H.P., along with all consequent proceedings arising out of it pending before the trial Court.

The facts of the case are that on October 8, 2019, the wife of petitioner No.1 (respondent no 2)  solemnized marriage with petitioner No.1, as per the Hindu rites and ceremonies. After some time, petitioners started maltreating respondent No.2 regarding insufficient dowry and started treating her with cruelty.

Consequent upon the statement of respondent No.2, Police registered an FIR against the petitioners. Now, the parties have entered into a compromise,  and she does not want to pursue the case against the petitioners, hence the Petitioner approached the High Court.

The counsel for the petitioners argued that as the parties have compromised in the matter, no purpose will be served by keeping the proceedings against the petitioner and the FIR/Challan, may be quashed and set aside.

On the other hand, the Additional Advocate General argued that the offence is not compoundable, so the petition may be dismissed.

While considering the Petition the Court observed that the Supreme Court in the case of  B.S. Joshi and others vs. the State of Haryana and another, (2003) 4 SCC 675, have held that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 would not be a bar to the exercise of the power of quashing. It is well settled that the powers under section 482 have no limits. Of course, where there is more power, it becomes necessary to exercise utmost care and caution while invoking such powers.

Moreover, the Supreme Court in Preeti Gupta and another vs. the State of Jharkhand and another, (2010) 7 SCC 667, have held that the ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. The tendency of implicating the husband and all his immediate relations is also not uncommon. At times, even after the conclusion of the criminal trial, it is difficult to ascertain the real truth. Experience reveals that long and protracted criminal trials lead to rancour, acrimony and bitterness in the relationship amongst the parties. The criminal trials lead to immense suffering for all concerned. The Apex Court has further held that permitting complainants to pursue complaints would be an abuse of the process of law and the complaint against the appellants was quashed./ILNS/SS/SNG/

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