JAI KISHAN @ JONY Vs. STATE

JUDGEMENT

(1.) The second respondent was married to the first petitioner as per Hindu Rites and Ceremonies on 03.06.2011. 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. 209/2012 having been registered on 24.06.2012 by police station Mukherjee Nagar, on her complaint involving offences punishable under Sections 498A, 406, 34 of Indian Penal Code, 1860 (IPC), the case being directed against her husband (first petitioner), his mother (second petitioner) and his sister (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.) With the intervention of their respective counsel, both the parties were entered into an amicable settlement dated 13.09.2017. In pursuance of the said settlement, the parties had earlier approached the family court which has granted decree of divorce by mutual consent on 10.07.2018 in HMA Petition No.1123/2018.

(3.) The present petition was filed on the basis of aforementioned settlement seeking quashing of the proceedings in the criminal case.