OM PARKASH SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) SANJAY Sharma, one of the petitioners was married to respondent No. 2, Manju Bala on 19.1.1989. A dispute arose between the parties. They have been living separately since 12.11.1992. Sanjay Sharma, petitioner, filed a petition for divorce against Manju Bala. An FIR No. 360 dated 29.10.1993 under Sections 498-A, 506, 109 I.P.C. at Thana Sadar, Kaithal, was registered against the petitioners at the instance of the wife. On account of lodging of the FIR, the police raided the house of the petitioners and all articles mentioned in the list were recovered. The present petition filed by the petitioners is for quashing of FIR No. 360 dated 29.10.1993. During the pendency of the petition, parties have entered into a compromise vide agreement dated 4.5.1994. Copy of the agreement has been filed with the Civil Misc. application and annexed as Annexure P-6. According to the agreement, both the parties agreed to convert the divorce petition under Section 13 of the Act into and under Section 13-B of the Act, for dissolution of marriage by mutual consent, and the marriage between the parties has since been dissolved vide decree dated 6.6.1993 by the District Judge, Amritsar. It has further been stated in the agreement that after execution of the agreement, respondent No. 2 shall not have any right, title or claim of any kind whatsoever on the property of the husband under any circumstances. Agreement further states that the F.I.R. which was lodged at the instance of the wife, may also be quashed. It has further been stated in the agreement that wife undertakes to appear in the case before the High Court for making statement, giving her consent for quashing of the case. A joint application has also been filed, signed by both parties and by the counsel, stating that the FIR may be quashed. Though, as per grounds mentioned in the application, FIR cannot be quashed, but keeping in view that the husband and the wife have settled the dispute vide agreement, Annexure P-6, in my view, it would be an exercise in futility to allow the criminal proceedings to continue. In this view of the matter, powers under Section 482 of Criminal Procedure Code can be invoked for quashing the F.I.R. and the subsequent proceedings.

(2.) ACCORDINGLY , FIR No. 360 dated 29.10.1993 (Annexure P.5) and the subsequent proceedings arising therefrom shall stand quashed.