ANKUR SAXENA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition under section 482 of the Code of Criminal Procedure (Cr. P. C. for short) has been filed seeking quashing of case FIR No. 126 dated 9/2/2006 (Annexure P1) registered at Police Station dlf, Gurgaon for the offence under Sections 323, 498a, 506, 406 of the Indian Penal Code (IPC for short) on the basis of compromise dated 4. 4. 2007 (Annexure P2 ).

(2.) THE marriage between Ankur Saxena-petitioner no. 1 and Mukta Saxena-respondent No. 2 was solemnised on 31. 10. 1998 at delhi and they stayed together till February, 2006. There is no issue from the said wedlock. Matrimonial disputes arose between the parties, which led to filing of various, complaints and also resulted in litigation. The impugned FIR (Annexure P1) was registered on the complaint made by respondent No. 2 against the petitioners. Now during the pendency of proceedings, the parties have mutually agreed to dissolve their marriage by a decree of divorce. A petition seeking dissolution of the marriage by a decree of divorce by mutual consent has been filed in the matrimonial Court at Delhi which is pending. A compromise has been effected between the parties on 4. 4. 2007 (Annexure P2 ). In terms of the settlement, it has been inter alia provided that each of the parties will withdraw their complaints, applications and other proceedings initiated by them against the other. The details of the proceedings which were initiated by respondent no. 2 are mentioned in para No. 2 of the compromise and those initiated by petitioner No. 1 are mentioned in para No. 3 of the compromise. Learned Counsel for the petitioners and complainant have submitted that they shall take necessary appropriate action for withdrawing the complaints against each other and the same may be deemed to have been withdrawn.

(3.) IN terms of the compromise, it was also agreed that the petitioner No. 1 shall transfer in favour of respondent No. 2, Flat no. 705, Intelligentsia, Plot No. 60, Sector 56, gurgaon. The said flat has admittedly been transferred by the petitioner No. 1 in favour of respondent No. 2 and a gift deed in that regard has been executed. The transfer of the said flat is towards settlement of all claims including maintenance, etc.