PRIYANK SUKHIJA Vs. STATE

JUDGEMENT

(1.) Petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") has been filed by the Petitioner seeking quashing of FIR No.21/2010 dtd. 10/2/10 under Ss. 498A/406/34 Indian Penal Code, 1860 (hereinafter referred to as "IPC"), registered at Police Station Crime (Women) Cell, Nanakpura and all the proceedings emanating therefrom.

(2.) Briefly stated, Petitioner No.1/Priyank Sukhija got married to Respondent No.2/Divya Mehta on 16/2/2001 according to Hindu customs and rites. Some disputes arose between the parties which resulted in filing of a Complaint under Ss. 498A/406/34 IPC by Respondent No.2 which resulted in FIR No.21/2010 on 10/2/2010.

(3.) With the intervention of friends and relatives, both the parties decided to resolve their disputes amicably and accordingly arrived at a Settlement dtd. 5/12/2011. In terms of the Settlement, they filed their first motion Petition for Divorce by way of Mutual Consent under Sec. 13(B)(1) HMA, 1955 which was allowed by the learned ADJ vide Order dtd. 13/3/2012. In terms of the Settlement, Petitioner No.1 paid Rs.30.00 lakhs, in terms of Settlement amount to Respondent No.2 towards her claim for Stridhan, maintenance past, present and future and permanent alimony. The second motion of Divorce by mutual consent was filed by Petitioner No.1 and Respondent No.2 vide HMA No.1220/2015. The statements of Petitioner No.1 and Respondent No.2 were duly recorded in the said Petition and Divorce was granted vide Order dtd. 8/3/2016. .