BHUMI BHAGAT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure has been filed for quashing of FIR No.16 dtd. 2/2/2015, registered under Ss. 307, 397, 406 and 498-A read with Sec. 149 of the Indian Penal Code (for short 'the IPC') [challan presented under Ss. 406 and 498-A read with Sec. 149 IPC, whereas, Ss. 307 and 397 read with Sec. 149 IPC deleted vide order dtd. 1/5/2015], at Police Station Navi Baradari, District Jalandhar, and all consequential proceedings arising therefrom, on the basis of compromise (Annexure P-3) arrived at between the parties.

(2.) Vide order dtd. 20/4/2017, the parties were directed to appear before the learned trial Court/Illaqa Magistrate, for getting their statements recorded. In compliance thereof, report of Judicial Magistrate 1st Class, Jalandhar, 10/7/2017, was received, wherein, it was noticed that "As per compromise Mark B accused has to make payment of Rs.40.00 lacs at the time of second statement in proceedings under Sec. 13-B of Hindu Marriage Act. Thereafter, on 21/3/2007 (sic 21/3/2017), oral statement was effected with the accused where they assured to make balance amount of Rs.40.00 lac at the time of making statement of compromise before lower court in the present case. But now accused are adamant that balance amount of Rs.40.00 lacs will be paid on 25/9/2017 at the time of final statement in divorce petition. As such accused failed to make the payment as per oral settlement dtd. 21/3/2017, therefore, FIR No.16 dtd. 2/2/2015 be not quashed."

(3.) Learned counsel for the petitioners states that vide judgment and decree dtd. 11/10/2017, the marriage between the parties has been dissolved by a decree of divorce by mutual consent under Sec. 13-B of the Hindu Marriage Act. The respondent-wife has received Rs.50,00,000.00 as full and final settlement of her claim for past, present and future maintenance and alimony and that nothing more is due to her.