JITENDER KUMAR Vs. STATE

JUDGEMENT

(1.) The second respondent was married to the first petitioner as per Hindu rites and ceremonies on 22.11.2008. 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.1133/2015 having been registered on 27.10.2015 by police station K.N. Katju Marg 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). 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.) It appears parties were referred to Counselling Cell of the Family Courts in the context of proceedings arising out of case under Section 125 of the Code of Criminal Procedure, 1973 (Cr. PC) instituted by the second respondent. They entered into a settlement in the said Counselling Cell on 04.04.2018. It is on the basis of the said settlement that the present petition was filed seeking quashing of the proceedings arising out of the aforementioned case.

(3.) On notice, the second respondent has appeared and has submitted an affidavit sworn on 16.07.2019. Copy of her aadhar card was submitted as Annexure P-4 to the petition to confirm her identity. By the said affidavit, she confirmed the above mentioned settlement and the dispute before the Counselling Cell in the Family Court, it having led to petitions presented before the Family Court in which the marriage of the parties has been dissolved by a decree of divorce by mutual consent on 23.08.2018 in HMA no.1027/2018. The second respondent by her affidavit, as also at the hearing, confirmed that she has already received Rs.5,00,000/- (Rupees Five lakh) from the petitioner, Rs.2,50,000/- (Rupees Two lakh fifty thousand) remaining to be paid in terms of the settlement.