SANJEEV SAXENA Vs. UT OF J&K

JUDGEMENT

(1.) The instant petition under Sec. 482 Cr.P.C. has been filed by the petitioners for quashing the final report/charge sheet No. 02/2018 dtd. 20/1/2018 for offence under Sec. 498-A/109 RPC, arising out of FIR No. 03/2017 registered with Police Station, Women Cell, Jammu, pending disposal in the court of learned Excise Magistrate, Jammu on the ground that the contesting parties have arrived at a compromise amicably.

(2.) It appears that due to marital discord, respondent No. 2-wife has filed the FIR No. 03/2017 for commission of offence under Ss. 498-A, 406 504, 323, 506 and 109 RPC with the Police Station, Women Cell, Jammu against petitioner No. 1-husband and his family members, which has culminated into the impugned final report/charge sheet. The petitioners have placed on record copy of the petition under Sec. 13(B) of Hindu Marriage Act for a decree of divorce by mutual consent and copy of the compromise arrived at between the petitioner No. 1 and respondent No. 2. As per the compromise deed, both the parties have agreed to settle their dispute amicably and petitioner No. 1 and respondent No. 2 have decided to live separately.

(3.) This Court vide order dtd. 12/4/2023 directed the parties to record their statements before the Registrar Judicial. Accordingly, their statements were recorded before the Registrar Judicial, wherein they have stated that they have resolved all the disputes and issues with each other amicably. The respondent No. 2 has stated that she has no objection in case final report/charge sheet No. 02/2018 dtd. 20/1/2018 for commission of offence under Sec. 498-A/109 RPC pending before the Court of learned Excise Magistrate, Jammu is quashed.