PARVEEN JAIN Vs. STATE AND ORS.

JUDGEMENT

(1.) BY way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner seeks quashing of FIR No. 369/2012 registered at Police Station Bindapur, Delhi, for the offences punishable under Sections 406/498A/34 IPC and the consequential proceedings emanating therefrom against him.

(2.) LEARNED counsel appearing on behalf of the petitioner submits that the aforesaid case was registered on the complaint of respondent No. 2, namely, Smt. Neetu, wife of petitioner consequent upon certain matrimonial and domestic disputes having arisen between the parties. The case is at the initial stage of investigation as chargesheet is not yet filed. Meanwhile, the petitioner and respondent No. 2 have amicably settled their disputes vide compromise dated 04.02.2014 and have resolved their all disputes. Consequent thereto, marriage between the petitioner and respondent No. 2 has been dissolved vide decree of mutual divorce dated 07.01.2015 under Section 13 B(2) of the Hindu Marriage Act, 1955 and respondent No. 2 does not wish to pursue her case against the petitioners. As per the said settlement, petitioner had agreed to pay an amount of Rs. 2.00 Lac to respondent, which has since been paid to her. The respondent No. 2 has not disputed the said payment, thus, she does not wish to pursue her case against the petitioner.

(3.) LEARNED APP appearing on behalf of the State submits that the case is at the initial stage of investigation and chargesheet is yet to be filed. She submits that the present matter is a matrimonial one and since the respondent No. 2 does not wish to pursue the case further against petitioner, no purpose would be served if the petitioner is directed to face trial. Thus, the State has no objection, if this Court is inclined to allow the present petition.