NAMAN JETHANI & ORS Vs. STATE & ANR

JUDGEMENT

(1.) The second respondent was married to first petitioner as per Hindu rites and ceremonies on 05.12.2015. On 17.12.2016, she lodged first information report (FIR) no. 461/2016 with police station Rani Bagh under Sections 498A/406/34 of Indian Penal Code, 1860 (IPC) against her husband (first petitioner), his mother (second petitioner), his sister (third petitioner) and a friend of the family of the husband (fourth petitioner). On conclusion of the investigation, police filed report (charge sheet) under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) on which cognizance was taken, the first petitioner having been summoned as accused, the said matter being pending on the file of the Metropolitan Magistrate.

(2.) The parties had entered into a settlement on 15.05.2017, in terms of which the parties 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 Section 482 Cr.P.C. seeking quashing of FIR no. 461/2016 under Sections 498A/406/34 IPC of police station Rani Bagh.