DARSHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY way of this petition under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, 'the Code'), petitioners/accused, who are fatherin - law, mother -in -law and husband of complainant/respondent No.2 -Nisha, seek quashing of First Information Report (for short, 'FIR') No.4 dated 27.01.2012 (Annexure P -1) recorded, under Sections 406, 498 -A and 323 of the Indian Penal Code, 1860 (for short, 'IPC'), at Police Station, Women Cell, Ludhiana, on the basis of a compromise.

(2.) IT is submitted by the learned counsel for the petitioners that the petitioners and respondent No.2 have settled the matter and on the basis of the settlement, marriage between petitioner No.3 and respondent No.2 has been dissolved vide judgment and decree dated 03.09.2013 passed in HMA case No.160 of 27.02.2012, by the learned Additional District Judge, Ludhiana (Annexure P -4). Complainant/respondent No.2 has chosen not to appear, despite service. On behalf of the respondent -State, a reply of contest has been filed.

(3.) DURING the course of hearing, learned counsel for the petitioners has referred to Annexure P -2, copy of statement of complainant/respondent No.2 -Nisha recorded in the proceedings under Section 13 -B of the Hindu Marriage Act, 1955. According to this statement, complainant/respondent No.2 admitted before the aforesaid court that she has settled the matter with her husband and under the settlement she has received an amount of Rs.5 lacs towards final settlement of all her claims against her husband and at the same time she also undertook to make necessary statement in the present proceedings for quashing of the aforesaid FIR. Based on the statement of complainant/respondent No.2, marriage between the parties has been dissolved by the learned Additional District Judge, Ludhiana, as stated hereinbefore. By not appearing, despite service, complainant/respondent No.2 has in a way signified her disinclination to contest the petition and to proceed with the aforesaid FIR and proceedings arising therefrom. From the statement (Annexure P -2) of complainant/respondent No.2 made before learned Additional District Judge, Ludhiana, it also comes out that she has settled the matter with her husband and has no objection if the present proceedings are terminated by quashing the aforesaid FIR and proceedings arising therefrom. State Counsel also has no objection if the petition is accepted. From the above it is established that the parties to the lis have resolved their inter se dispute amicably and have resolved to live in peace and harmony.