AJAY KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner Ajay Kumar son of Ram Narain Saini, resident of Siswal Ki Dhani, Tehsil Adampur, District Hisar has filed the present petition under Section 482 Cr.PC for quashing of FIR No.139 dated 2.6.2008 under Sections 498-A, 406 and 506 IPC registered at Police Station Adampur, District Hisar (Annexure P-1). The FIR has been sought to be quashed in the light of joint statement by the parties recorded on 8.5.2012 (Annexure P-2) before the District Judge (Family Court), Hisar in a case titled as "Ajay Kumar Versus Sushila".

(2.) Learned counsel for the petitioner has contended that the marriage between the petitioner and respondent No.2 was solemnised on 12.11.2005. One male child was born out of this marriage on 30.3.2007. However, the said child could not survive and died on 21.4.2007. Thereafter, no other child was born out of this marriage.

(3.) The aforementioned FIR was got registered by the respondent No.2-complainant against the petitioner and respondents No.3 to 5. However, the respondents No.3 to 5 were found innocent by the police and they were not challaned. However, on an application under Section 319 Cr.PC filed by the respondent No.2, respondents No.3 to 5 were ordered to be summoned as accused by the trial Court vide order dated 16.11.2010. Said order was challenged by respondents No.3 to 5 in this Court by way of Criminal Revision No.106 of 2011. During the pendency of said revision petition, the parties decided to compromise the matter with the intervention of respectable persons and other relatives. As a result thereof, petitioner Ajay Kumar and respondent No.2 Sushila filed a joint petition under Section 13-B of the Hindu Marriage Act, 1955 before the District Judge (Family Court), Hisar with a prayer that the marriage between them be dissolved through a decree of divorce by mutual consent. The joint statement of the petitioner as well as respondent No.2 suffered before the District Judge (Family Court), Hisar on 8.5.2012 reads as under: