GAURAV JHAMB & ORS Vs. STATE & ANR

JUDGEMENT

(1.) The second respondent was married to the first petitioner as per Hindu rites and ceremonies on 19.02.2014. They parted ways w.e.f 17.05.2015. On 13.07.2015, at the instance of the second respondent, first information report (FIR) no. 829/2015 was registered by police station Janak Puri, alleging offences punishable under Sections 498A, 406, 34 of Indian Penal Code, 1860 (IPC) against her husband (first petitioner), his father (second petitioner), his mother (third petitioner) and his sisters (fourth and fifth petitioners herein), the name of third sister Divya Jhamb having been unnecessarily included in the array of parties even though it is admitted case that she had passed away. On conclusion of 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 said matter being pending on the file of the Metropolitan Magistrate.

(2.) The parties entered into an amicable settlement during the course of litigation before the Family Court, the second respondent, then in Canada, having appointed her father Mr. Kiran Kumar as her special power of attorney for such purposes. In terms of the said settlement, in which the first petitioner and attorney (father) of the second respondent were parties, it was amicably resolved to bury the hatchet arising out of the matrimonial dispute, upon the former (first petitioner) paying to the second respondent a total amount of Rs. 17 lakhs towards her claim for dowry articles, jewellery, stridhan, maintenance (past, present and future) and litigation expenses pendent lite. In terms of the said settlement, 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 afore-mentioned FIR 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. 829/2015 under Sections 406, 498A, 34 IPC of police station Janak Puri.