AJIT SINGH Vs. PUSHPA RANI

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Cr. P.C. for quashing of complaint case bearing No. 34/2006 under Section 406/452/323/504/506/147 IPC, P.S. Banna Devi, District Aligarh, U.P. THIS case was transferred for trial to Delhi under orders of the Supreme Court and is presently pending before a Metropolitan Magistrate. Quashing of this criminal case has been sought on the ground that respondent Pushpa Rani had entered into a compromise with the petitioners through Mediation cell on 13th March, 2008 and it was agreed in the compromise that this case would be got quashed. It was also agreed that the petitioner No. 1 would withdraw his divorce case pending before the Court of ADJ. However, the petitioner No. 1 withdrew his case, the respondent did not agree for quashing of the criminal case and therefore this petition has been filed.

(2.) THE respondent has opposed quashing of criminal case on the ground that the compromise arrived at between the parties was breached by the petitioner and in view of the breach of the compromise, she was not bound by the compromise. To press his point, the petitioner relied upon Jaibir and Ors. Vs. State and Anr., 142 (2007) DLT 141 and Ruchi Agarwal Vs. Amit Kumar Agarwal and Ors., JT 2004 (10) SC 475, whereas the respondent relied upon Kamal Dhawan Vs. State and Anr., 1 (2000) DMC 22.

(3.) THE judgments relied upon by the petitioner are those judgments where parties had separated from each-other and the compromise arrived at between the parties were based on lump sum payment to be received by the wife and the wife, after taking benefit of the compromise and receiving part payment, had refused to agree to the quashing of FIR. Present case is entirely different. Here, respondent had agreed for quashing of criminal case in order to reconcile and give a fresh chance to the marriage so that she could happily live in matrimonial home. Since the atmosphere in the matrimonial home continued to be same and she could not live there, I consider that she cannot be forced to withdraw the criminal complaint lodged by her on the basis of compromise arrived at between the parties. I find no force in this petition, the petition is hereby dismissed.