NAIM AHMED & ORS Vs. STATE & ANR

JUDGEMENT

(1.) The second respondent was married to first petitioner as per Muslim rites and ceremonies on 14.03.2012, the parties having lived together for sometime but no child having taken birth out of the wedlock. On 05.06.2014, the second respondent lodged first information report (FIR) no. 308/2014 with police station Jafrabad alleging offences punishable under Sections 498A/406/34 of Indian Penal Code, 1860 (IPC) and Section 4 of Dowry Prohibition Act, 1961 against her husband (the first petitioner), his brothers (second to fifth petitioners), his father (sixth petitioner), his mother (seventh petitioner) and wife of his elder brother (eighth petitioner). On conclusion of investigation, the police filed report under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) on which cognizance was taken, the said matter being pending on the file of Metropolitan Magistrate.

(2.) The parties through the intervention of society, however, entered into Memorandum of Understanding (MoU) on 20.04.2015 whereby they agreed to amicably resolve the matter in terms of which they were to proceed to dissolve the marriage by divorce in accordance with muslim law, they also having agreed, inter alia, for the criminal case arising out of the afore-mentioned FIR to be sought to be quashed.

(3.) The petition, thus, has been moved before this court invoking Section 482 Cr. PC seeking quashing of the FIR No.308/2014 under Sections 406, 498A, 34 IPC of Police Station Jafrabad.