AMIT KUMAR JHA Vs. STATE & ANR

JUDGEMENT

(1.) The second respondent was married to the first petitioner as per Hindu rites and ceremonies on 13.05.2007. On 03.03.2010, she lodged first information report (FIR) no. 51/2010 with police station Shahabad Dairy under Sections 498A/406/34 of Indian Penal Code, 1860 (IPC) against her husband (first petitioner) and his mother (second petitioner). On conclusion of the investigation, police filed report (charge-sheet) under Sec. 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 also taken the dispute to the family court where pursuant to the counseling, they entered into a settlement on 06.07.2017, 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 Sec. 482 Crimial P.C. seeking quashing of FIR. no. 51/2010 under Sections 498A/406/34 Penal Code of police station Shahabad Dairy.