YOGESH SHARMA Vs. STATE OF PUNJAB C

JUDGEMENT

(1.) PETITIONERS have moved this application under Section 482 of the Code of Criminal Procedure with a prayer that FIR No. 139 dated 15.3.2001 registered under Sections 406/498-A/34 of the Indian Penal Code at Police Station Kotwali, Bathinda be quashed. Above-mentioned FIR was recorded at the instance of respondent No. 2-Rekha Sharma wife of petitioner No. 1.

(2.) FACTS regarding marriage between respondent No. 2 and petitioner No. 1, their strained relations and recording of FIR are not in dispute. Learned counsel for the petitioners has pressed his prayer for quashing of FIR on the ground that compromise has already been effected between the parties. He states that on the basis of compromise, joint petition for dissolution of marriage by decree of divorce under Section 13-B(1) of the Hindu Marriage Act was filed by petitioner No. 1 and respondent No. 2. He has placed on record photo-copy of order passed by the Additional District Judge, Bathinda dated 12.8.2002 vide which the decree for dissolution of marriage of parties by way of mutual consent was passed under Section 13-B of the Hindu Marriage Act. Learned counsel has also referred to an affidavit Annexure P-2 dated 10.10.2001 of respondent No. 2 wherein she has accepted the factum of compromise.

(3.) AFTER considering the facts of that case and the various earlier judgments, following opinion was formed by their Lordships of Hon'ble Supreme Court :