PYARE LAL GUPTA 7 ORS Vs. STATE

JUDGEMENT

(1.) By this petition, under Section 482 Cr.P.C., the Petitioners seek quashing of the criminal proceedings emanating from the FIR 226/90 registered under Sections 406/498-A/34 Indian Penal Code at the Police Station Tirlok Puri and pending on the file of the Metropolitan Magistrate, Delhi.

(2.) Briefly stated, the facts giving rise to this petition are that on 18.5.1990, respondent No. 2 filed a written complaint against the petitioners before the Crime Against (Women) Cell, which was forwarded to the Police Station Tirlok Puri. Consequently, on 19.5.1990, FIR No. 226/90 registered under Sections 406/498-A/34 Indian Penal Code against the petitioners at the Police Station Tirlok Puri. Investigation pursuant to the said FIR culminated into submission of a charge-sheet under the aforesaid sections against the petitioners. On 7.9.89 respondent No. 2 filed a divorce petition under Section 13(1)(ib) of the Hindu Marriage Act against the petitioner No. 1. During the said matrimonial proceedings, respondent No. 2 and the petitioner No. 1 filed a joint petition under Section 13-B(2) of the Hindu Marriage Act for a decree of divorce by mutual consent. By the order dated 21st April, 1993, Additional District Judge, Delhi granted a decree of divorce by mutual consent under Section 13-B of the Act. As per settlement between the parties, respondent No. 2 had agreed to withdraw the criminal proceedings emanating from the FIR No. 226/90 and pending on the file of the Metropolitan Magistrate, New Delhi.

(3.) Quashment of the present criminal proceedings is sought on the ground of the aforesaid settlement between the parties. The petition has been opposed by the respondents.