VINOD KUMAR SHARMA Vs. STATE OF DELHI

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") has been filed for quashing of FIR No. 887/2004 under Sections 406/498A of Indian Penal Code ("I.P.C." in short), registered at Police Station Punjabi Bagh on 20.11.2003 and also the criminal proceedings emanating therefrom pending in the Court of Ms. Barkha Gupta, Metropolitan Magistrate, Rohini Courts, Delhi.

(2.) The relevant facts are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized according to Hindu customs on 05.12.2002. Petitioner nos. 2 and 3 are parents-in-law, petitioner nos. 4 and 5 are jeth and jethani and petitioner no. 6 is the sister-in-law of the respondent no. 2 herein. After the marriage between the petitioner no. 1 and respondent no. 2 disputes arose between respondent no. 2 and her in-laws which led to the registration of an FIR under Sections 498-A/406 IPC at Punjabi Bagh police station at the behest of respondent no. 2. In her complaint to the police the respondent no. 2 had made allegations of torture to her by the petitioners for not fulfilling their demands of dowry. The police did the investigation and then filed a charge-sheet in the concerned Court against the petitioners where trial is stated to be going on.

(3.) During the pendency of the above said criminal proceedings in Court, the complainant and the petitioners have amicably resolved their disputes and arrived at an amicable settlement as regards maintenance, stri dhan/dowry articles etc. Copy of the compromise deed has been annexed with this petition as Annexure " A. Thereafter a petition under Section 13 B(2) of the Hindu Marriage Act, 1955 seeking divorce by mutual consent was instituted by the petitioner no. 1 and respondent no.2. The learned Additional District Judge vide judgment dated 05.04.2006 in H.M.A. Case No. 123/2006 has dissolved their marriage by a decree of divorce. Copy of that judgment has also been placed on record.