SURENDER Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed on behalf of petitioner, namely, Surender for quashing of FIR No. 44 dated 2.3.2007 registered under Sections 498-A/406 IPC at Police Station Sadar Gohana, District Sonipat, on the basis of compromise effected between the parties, which is annexed as Annexure P-2 with the petition.

(2.) Petitioner and respondent No.2 solemnized their marriage but subsequently respondent No.2 filed a petition under Section 13 of the Hindu Marriage Act, 1955 for granting decree of divorce, which was dismissed by Additional Sessions Judge, Sonipat vide order dated 27.7.2010. Aggrieved by order dated 27.7.2010, respondent No.2 preferred an appeal before this Court bearing FAO No. 274-M of 2010, which was referred to Mediation and Conciliation Centre by this Court vide order dated 18.1.2011, where, a compromise was entered into by the parties on 19.4.2011. Both the parties settled their dispute amicably. It was agreed that all litigation pending against each other would be withdrawn and certain other terms and conditions were also settled before the Mediation and Conciliation Centre. It was also decided that a petition under Section 13-B of Hindu Marriage Act would be filed by both the parties and other cases would be withdrawn and the custody of minor daughter would be with the husband. The settlement arrived at between the parties would be final and wife will not claim any maintenance of past, present and future from her husband-Surender.

(3.) Learned counsel for the petitioner submits that in view of said compromise maintenance petition has been withdrawn by complainantrespondent No.2. and petition under Section 13-B of the Hindu Marriage Act is pending and the same will be allowed after recording statement of complainant-respondent No.2.