MOHIT LUTHRA Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.48 dated 18.06.2015 registered under Sections 406, 498-A of Indian Penal Code (for short 'IPC') at Women Police Station, Amritsar City on the basis of compromise arrived at between the parties.

(2.) Briefly, the facts of the case are that marriage of petitioner was solemnized with respondent No.2 on 28.11.2011 but no issue was born out of said marriage. Due to some temperamental differences arose between the parties, a complaint was made by the complainant, on the basis of which, the aforesaid FIR was registered. During pendency of the proceedings, the dispute was settled between the parties as the matter was referred to Mediation and Conciliation Centre of this Court while hearing of the anticipatory bail. An affidavit was also filed by the complainant affirming the factum of compromise arrived at between the parties and receipt of an amount of Rs. 3,50,000/-. It was also mentioned in the affidavit that the complainant has no objection in quashing of the FIR and other proceedings. As per settlement arrived at between the parties, a divorce petition was also to be filed with mutual consent and thereafter, a petition for quashing of FIR on the basis of compromise was to be filed.

(3.) The written agreement/settlement was prepared and the same was signed by both the parties wherein certain terms and conditions were mentioned, which are as under: -