VIMAL KUMAR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 48 dated 13.3.2010 under Section 406, 498-A of the Indian Penal Code ('IPC' for short), registered at Police Station Salem Tabri, District Ludhiana (Annexure P-1) and all the consequential proceedings arising therefrom in view of the compromise dated 27.8.2011 arrived at between the parties.

(2.) Learned counsel for the petitioner has submitted that FIR in question was a result of matrimonial dispute between the petitioner and his wife-respondent No. 2. Parties had amicably settled their dispute. Petitioner had paid Rs. 8,50,000/- to respondent No. 2 towards full and final settlement of her claim in terms of the compromise. Petitioner and respondent No. 2 had got a decree of divorce on the basis of mutual consent. However, now respondent No. 2 had backed out from the compromise and was not coming to the Court to make the statement that the FIR in question be quashed in terms of the compromise. Learned counsel for the petitioner has placed on record certified copies of the judgment/decree dated 6.4.2012 and statements of the parties dated 6.4.2012. Learned counsel has also placed on record photocopies of the statements of the petitioner and respondent No. 2, recorded in the divorce proceedings on 30.9.2011.

(3.) Learned counsel for respondent No. 2, on the other hand, has opposed the petition and has stated that petitioner had failed to comply with the terms of compromise and due to this reason, FIR in question was not liable to be quashed.