BALENDRA SHEKHAR MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicants, namely, Balendra Shekhar Mishra, Shrinivas Mishra, Smt Leela Mishra and Ku. Aarti Mishra and the complainant Smt Sima Mishra are also present in person identified by their counsel. At the request of counsel of the parties, the case is taken-up out of its turn from the list of motion hearing cases.

(2.) Along with the impugned order, the certified copy of the aforesaid application filed under section 320(2) of the Cr.P.C accompanied with some compromise-deed and the agreement dated 7.8.13 are also annexed. According to such application, compromise-deed and agreement, the settlement had taken-place between the respondent No.2 and the applicant No.1 and pursuant to such settlement, they have filed the petition under section 13-B of the Hindu Marriage Act for divorce with consent before the Family Court, Bhopal and as per terms and conditions of such settlement, respondent No.2 has also resolved the dispute of the impugned criminal case against all the applicants.

(3.) It is apparent from the averments of the aforesaid application and the documents that with respect of the matrimonial dispute raised in the impugned FIR by the respondent No.2 persuant to which the impugned crime was registered against all the applicants for the offence of section 498-A of the IPC while in addition to it, the offence of section 324 IPC was also registered on the same FIR against applicant No.1. As per the settlement, the respondent No.2 in view of proceeding for decree of divorce from the applicant No.1 does not want to keep to continue this case and, in such premises, she wants quashment of the entire impugned criminal case and the FIR along with the impugned judgment of conviction.