DHIRAJ KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DHIRAJ Kumar is the husband. Smt. Komal respondent No. 2 is the wife. Both got married on 1.2.1998. One girl had born out of this wedlock who is presently residing with respondent No. 2 as stated by both the sides. The marriages went into rough weather within a short span and ultimately respondent No. 2 was constrained to get a case registered against petitioner bearing FIR No. 342 dated 29.12.1999 under sections 406, 498-A IPC Police Station Division No. 6, Ludhiana.

(2.) DHIRAJ petitioner has now filed this criminal miscellaneous petition for quashing of the FIR on many grounds. I need not enter into detailed discussion as the parties have since compromising the matter. Learned counsel for the petitioner relies upon affidavit Annexure P/1 of Smt. Komal respondent No. 2 and the judgment of learned Additional District Judge, Ludhiana vide which the petitioner and respondent No. 2 have got their marriage dissolved by a decree of divorce by mutual consent under section 13-B of Hindu Marriage Act, Annexure P/2. In the affidavit it has been so stated that the matter has been finally settled between the parties and the respondent has received the amount from her husband towards her maintenance and for maintenance of her minor daughter.

(3.) WHILE quashing the FIR in B.S. Joshi and Ors. v. State of Haryana and Anr., 2003(2) RCR (Crl.) 888, their Lordships have observed as under :-