KRISHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. 163 dated 17.08.2015 registered under Sections 406, 498-A, IPC at Police Station Sadar Fazilka, District Fazilka and all subsequent proceedings arising therefrom.

(2.) Learned counsel for the petitioner would contend that after the registration of the said FIR the matter was compromised between the parties vide compromise dated 18.05.2016. In terms of the said compromise, the parties resolved to get separated and also got a divorce. It was agreed by the complainant that she would have no hesitation in case the FIR registered by her against the husband be cancelled.

(3.) Learned counsel further contends that in terms of the compromise arrived at between the parties, the complainant and the petitioner filed a petition under Section 13-B (1) of the Hindu Marriage Act for dissolution of marriage by mutual consent, in which the statement of the complainant also got recorded. In that statement, she had undertaken to withdraw all cases pending in different Courts of law, instituted by her against the petitioner and his family members. Consequent to the filing of the petition under Section 13-B of the Hindu Marriage Act, statements under the second motion stage were recorded and ultimately a divorce was granted by way of mutual consent by the Addl. District Judge Fazilka on 17.11.2017. It is thereafter, that this petition has been filed seeking quashing of the FIR in question. Learned counsel for the petitioner contends that the petition under Section 13-B of the Hindu Marriage Act was allowed only after the statement of the complainant got recorded wherein she categorically undertook to withdraw all cases pending and instituted qua the petitioner. However, after having availed all benefits of said compromise, she has not come forward to get proceedings quashed under said FIR.