BHARAT BHUSHAN MADAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. for quashing case FIR No. 239 dated 21.4.1998 (Annexure P-1) registered under Sections 498-A, 406, 323 and 506 IPC at Police Station City Gurgaon, which has been registered on the complaint of respondent No. 2.

(2.) THE complainant (respondent No. 2) was married with the petitioner on 4.12.1996. No child was born out of the wedlock. The petitioner and respondent No. 2 have not co-habited as husband and wife for the past 5/6 years. Respondent No. 2 got registered the aforesaid FIR against the petitioner and his father Amrit Lal Madan as also his mother Smt. Sudarshan and Ram Lal Madan and Indu Dhir. The challan was presented in the court of learned Chief Judicial Magistrate, Gurgaon and the learned Trial Magistrate vide his order dated 16.9.1999 (Annexure P-2) framed charged against the petitioner and his father Sh. Amrit Lal Madan for having committed offences punishable under Sections 498-A, 323 and 506 IPC. During the pendency of the said criminal case, the petitioner and respondent No. 2 arrived at a settlement which was reduced into writing on 5.1.2004. The memorandum of settlement was signed by both the parties as also Shri Amrit Lal Madan, Dolly Sharma and Dr. H.R. Batra. The copy of the memorandum of settlement (Annexure P-3) has been placed on record. In terms of the settlement, both the parties decided to bury their disputes finally and respondent No. 2 was to receive a sum of Rs. 5,40,000/-. It was also agreed to file a joint petition for dissolution of marriage and also a joint petition under Section 482 Cr.P.C. before this court for quashing the proceedings. In terms of the settlement, a petition (Annexure P-4) was filed for dissolving the marriage between the parties by mutual consent. The joint statement of the petitioner and respondent No. 2 was recorded by the learned District Judge, Gurgaon on 7.1.2004 (Annexure P-5).

(3.) RESPONDENT No. 2 is present in person and she has been identified by Shri R.K. Jain, advocate. She had earlier filed an affidavit dated 22.7.2004 and had deposed that she has settled all disputes with the husband in terms of memorandum of settlement and she has no objection if the petition is allowed and the FIR No. 239 dated 21.4.1998 (Annexure P-1) registered under Sections 498-A, 406, 323 and 506 IPC at Police Station City Gurgaon, is quashed. Today she has also made a statement on oath to the effect that she has no objection if the FIR is quashed against the petitioner as also his father Sh. Amrit Lal Madan, besides she has received demand drafts of Rs. 4,40,000/- drawn on the Syndicate Bank, Gurgaon. The photocopies of the demand drafts have been submitted, which are taken on record.