ARUN MANDAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) By filing this application under section 482 of the Code of Criminal Procedure, 1973, for short, the Code, the petitioners have prayed for quashing of the proceeding in GR Case No. 5035/2004 arising out of Jalukbari P.S. Case No. 447/2004 under Section 498(A)/34 IPC pending in the court of learned Sub-Divisional Judicial Magistrate (I)(S), Kamrup, Guwahati on the ground that the dispute between the parties have been amicably sorted out. The marriage between the petitioner No. 1 and the respondent No. 2 was solemnised on 17.6.2004 as per Hindu rites and ceremonies. After the marriage, parties were living in Maligaon, Guwahati. An ejahar was lodged on 5.11.2004, which had given rise to Jalukbari P.S. Case No. 447/2004.

(2.) After completion of investigation, charge-sheet was submitted against the petitioner No. 1 and his father Naval Kishore Mandal on 28.4.2006 under section 498(A) IPC showing petitioner No. 1 as absconder. Subsequently, the petitioner No. 2, who is the mother of the petitioner No. 1 and petitioner No. 3, who is the married sister of petitioner No. 1, were impleaded as accused persons by the trial court. It appears that Naval Kishore Mandal had expired in the meantime.

(3.) Meanwhile, well wishers of the couple had intervened and tried to enable the parties to reach a compromise and such attempts bore fruit and finally, disputes and differences had been settled and compromised with the result that the respondent No. 2 withdrew a complaint case before the CAW Cell, Nanakpura, New Delhi as also a petition under section 125 Cr.P.C. from the Court of Judge, Family Courts, Saket, New Delhi and a petition under section 12 of the Domestic Violence Act. Decree of divorce was also granted under section 13B(2) of the Hindu Marriage Act, 1955 by order dated 27.3.2012, by the Judge, Family Courts, Saket, New Delhi in H.M. A. petition No. 188/2012. Subsequent thereto, the respondent No. 2 had remarried and one female child was born out of the said marriage. The petitioner No. 1 had also paid the agreed amount of Rs. 5 lakhs towards full and final settlement of the claims including maintenance, permanent alimony, dowry articles and stridhan.