VIRENDER SINGH Vs. ANITA RANI

JUDGEMENT

(1.) The petitioner, by way of this petition, has sought for quashing of FIR No.181 of 2008 dated 20.12.2008, registered at Police Station Gagret, District Una, under Section 498-A of the Indian Penal Code and consequent criminal proceedings in Criminal Case No.52-1/2009, titled State vs. Virender Singh pending before learned Judicial Magistrate, 1st Class, Court No.II, Amb, District Una, H.P.

(2.) Key facts necessary for the adjudication of this petition are that the marriage between the petitioner and respondent No.1 was solemnized on 20.11.2000. Respondent No.1 lodged a report against the petitioner with the Police Station Gagret, on the basis of which FIR No.181 of 2008 was registered on 20.12.2008 under Section 498-A of the Indian Penal Code. The challan was put up before the learned Judicial Magistrate, 1st Class, Court No.II. Petitioner also filed a petition against respondent No.1 under Section 13(1)(ia)(ib) of the Hindu Marriage Act before the learned Additional District Judge (II) Kangra at Dharamshala, Camp at Jawali. Petitioner and respondent No.1 settled the dispute and agreed for dissolution of marriage and in lieu of it, a sum of Rs.15,00,000/- was agreed to be paid by the petitioner to respondent No.1 and her son to be shared by them equally. The settlement deed is Annexure P-2. The respondents have also received the amount as is evident from Annexures P-3 and P-4 respectively. Statements of respondent No.1 and petitioner were recorded vide Annexures P-5 and P-6 respectively. Learned Additional District Judge on the basis of settlement deed arrived at between the parties passed a decree for dissolution of marriage between the parties under Section 13(1)(ia)(ib) of the Hindu Marriage Act to secure ends of justice. The settlement arrived at between the parties is genuine.

(3.) According to para 2 of the settlement deed, Annexure P-2, the parties have agreed to dissolve the marriage with their free will, consent and the other litigations, which are pending in various courts against each other, i.e. the case pending before the Court of Judicial Magistrate, 1st Class, Amb under Section 498-A of IPC, having FIR No.181/2008 dated 20.12.2008, Police Station Gagret, District Una were agreed to be withdrawn.