DEBJIT DUTTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE matrix of the facts and material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, is that, initially, in the wake of complaint of complainant Debarati Roy @ Dutta (respondent No.2), wife of Debjit Dutta (for brevity "the complainant"), a criminal case was registered against petitioners -accused Debjit Dutta (husband) and Sandhya Rani Dutta (mother -in -law), by way of FIR No.135 dated 2.3.2013 (Annexure P -1), on accusation of having committed the offences punishable under Sections 498 -A, 406 and 506 IPC by the police of Police Station Civil Lines, Gurgaon.

(2.) AFTER completion of the investigation, the police submitted the final police report (challan) against the petitioners -accused to face the trial of indicated offences in the trial Court.

(3.) HAVING compromised the matter, now the petitioners -accused have preferred the present petition, to quash the impugned FIR (Annexure P -1) and all other subsequent proceedings arising therefrom, invoking the provisions of Section 482 Cr.PC, inter -alia, pleading that they are residing in the State of West Bengal. Now with the intervention of respectables of the society and their relatives, the parties have amicably settled their matrimonial disputes, by means of settlement/compromise deed (Annexure P2). Petitioner No.1 and respondent No.2 have decided to live separately. In pursuance of the settlement, they have already filed a joint petition for dissolution of their marriage by mutual consent u/s 13 -B of the Hindu Marriage Act, 1955 (hereinafter to be referred as "the Act"). The settlement is stated to be in the welfare, benefit and larger interest of the parties. The complainant has no objection if the criminal case registered against the petitioners -accused, by way of impugned FIR is quashed. On the strength of aforesaid grounds, they sought to quash the impugned FIR (Annexure P -1) and all other consequent proceedings arising thereto in the manner depicted here -in -above.