JATINDER SINGH Vs. STATE OF PUNJAB AND ANR

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. 128 dated 11.6.1998 under Sections 406, 498A, 506 of the Indian Penal Code ('IPC' for short) registered at Police Station Sadar Hoshiarpur (Annexure P1) and all subsequent proceedings thereto on the basis of compromise dated 12.5.2010 (Annexure P3).

(2.) Learned Counsel for the petitioner has submitted that the marriage between the petitioner and respondent No. 2 was dissolved by an ex-parte decree of divorce in favour of respondent No. 2. Thereafter, respondent No. 2 has got remarried. The other accused in this case have since been acquitted by the trial court vide judgment dated 4.8.2005. Petitioner was residing in Germany at the time of the registration of the FIR and has visited India now in the year 2010.

(3.) Respondent No. 2, who is present in Court along with her counsel, has admitted the factum of compromise between the parties and has also admitted the contents of affidavit (Annexure P4),as per which, she has received a sum of Rs. 2,50,000/- from the petitioner and does not want to pursue the cases against the petitioner. It is also stated in the affidavit that she has received back all her istridhan, dowry articles etc. Respondent No. 2 has further submitted that she has no objection if the FIR in question is ordered to be quashed as she has got remarried after getting an ex-parte decree of divorce in her favour.