LALIT BHOLA Vs. STATE

JUDGEMENT

(1.) The second respondent was married to the first petitioner as per Hindu rites and ceremonies on 14.04.2007. From out of the said wedlock, a girl child named Jhalak took birth on 10.11.2008. The marriage ran into rough weather, the second respondent raised allegations of she having been subjected to cruelty and deprived of her stridhan, first information report (FIR) no.43/2014 having been registered on 16.01.2014 by police station Sarai Rohilla on her complaint involving offences punishable under Sections 498-A/406/34 of Indian Penal Code, 1860 (IPC), the case being directed against her husband (first petitioner), his father (second petitioner), and his sister (third petitioner). On conclusion of the investigation, police filed report (chargesheet) under Section 173 of the Code of Criminal Procedure, 1973 (Cr. PC) on which cognizance was taken, the said matter being pending on the file of the Metropolitan Magistrate.

(2.) It appears that the parties came to be involved in a number of cases including in the court of Metropolitan Magistrate and family court. They, however, entered into a settlement and jointly executed a memorandum of understanding (MOU) dated 16.07.2018 whereunder the first petitioner has to pay and the second respondent is to receive a total amount of Rs.45 lacs for satisfaction of her entire claim on account of maintenance, dowry articles, stridhan, etc., the maintenance inclusive that of the minor child whose custody has been given to her.

(3.) The petition, thus, has been moved before this court invoking its inherent power and jurisdiction under section 482 Cr. PC seeking quashing of the FIR No.43/2014, under Sections 498A/406/34 IPC of Police Station Sarai Rohilla.