NICKY SIMOES Vs. POLICE INSPECTOR, CUNCOLIM POLICE STATION

JUDGEMENT

(1.) Rule, made returnable forthwith. Learned Counsel for the respondents, waive service. Heard finally by consent of the parties.

(2.) By this petition, under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure (Code, for short), the petitioner is seeking quashing of the FIR No. 105/2013 dated 01.08.2013 registered against the petitioner, with Cuncolim Police Station, under Section 498-A read with Section 34 of the Indian Penal Code (IPC, for short). The petitioner no. 1 is the husband of the second respondent while the petitioner no. 2 is the brother and petitioner no. 3 is the sister in law of the petitioner. On the basis of a complaint lodged by the second respondent on 28.07.2013, the aforesaid offence came to be registered against the petitioners.

(3.) It appears that the parties have arrived at an amicable settlement and the Consent Terms are filed before the learned Judicial Magistrate First Class at Margao in case no. PWD/25/2013/G filed by the second respondent against the petitioner under the provisions of The Protection of Women from Domestic Violence Act, 2005 (Domestic Violence Act, for short). A copy of the Consent Terms is produced on record in this petition. On the basis of the amicable settlement of the dispute, the petitioner is seeking quashing of the FIR and the consequent investigation, if any. The record discloses that acting on the basis of the Consent Terms, the proceedings filed by the second respondent under the Domestic Violence Act have been disposed off on 09.02.2018.