SATENDER PAL & ORS Vs. STATE & ANR

JUDGEMENT

(1.) The second respondent was married to the first petitioner as per Hindu rites and ceremonies on 22.02.2009 and out of the said wedlock, she gave birth to a male child on 06.01.2011. On 16.05.2016, she lodged first information report (FIR) no.77/2016 with police station Crime (Women) (CAW Cell), Nanak Pura, alleging offences punishable under Sections 498A/406/34 of Indian Penal Code, 1860 (IPC) against her husband (first petitioner), his father (second petitioner) and his mother (third petitioner). On conclusion of the investigation, police filed report 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.) The parties entered into an amicable settlement and executed a compromise deed dated 24.01.2017, in terms of which they were to approach, as per the timelines indicated, the appropriate forum for obtaining a decree of divorce, they also having agreed, inter alia, for the criminal case arising out of the aforementioned FIR to be sought to be quashed.

(3.) The petition, thus, has been moved before this court invoking Article 227 of the Constitution of India and Section 482 Cr. PC seeking quashing of the FIR no. 77/2016, under Sections 406/498A/34 IPC of Police Station CAW Cell, Nanak Pura.