KARAN SINGH Vs. UT OF J&K

JUDGEMENT

(1.) By the medium of instant petition filed under Sec. 482 of the Code of Criminal Procedure, petitioners seek quashment of FIR No. 73/2019 dtd. 22/6/2019 for the commission of offences punishable under Sec. 498-A/342/323 RPC registered at Police Station Bari Brahmana (Samba) on the complaint of respondent No.2, as well as the Challan No.87/2019 pending before the Court of learned Additional Munsiff Samba arising out of the said FIR against the petitioners.

(2.) It has been stated, that marriage of petitioner No.1 and respondent No.2 was solemnized on 8/2/2019 at Kothi More Bassi Khurd Bari Brahmana Samba according to Hindu rites and ceremonies, and after the marriage the parties lived together at the matrimonial home and out of their wedlock, no child was born; that petitioner Nos.2 and 3 are father/mother-in-law and petitioner Nos.4, 5 and 6 are brothers/sister-in-law of the respondent No.2; that due to differences of temperaments, incompatibility of nature and different thinking of lifestyle, the parties could not adjust and live with each other and they are living separately since 25/5/2019 and consequent to the failure of all efforts of reconciliation between petitioner No.1 and respondent No.2 both the parties severed their matrimonial ties by way of divorce decree dtd. 20/10/2020 passed by the learned District Court (Matrimonial) Samba; that on the complaint of the respondent No.2 the aforesaid case bearing FIR No.73/2019 under Sec. 498-A/342/323 RPC was registered against the Petitioners at Police Station Bari-Brahamana and after completion of the investigation the challan No. 87/2019 under Sec. 498-A, 342, 323, 147 R.P.C was presented before the competent court of law on 27/9/2019 and the same is pending trial before the court of learned Additional Munsiff Samba; that respondent No.2 had filed a complaint/application under the provisions of Domestic Violence Act against the petitioner No.1 and the same was pending adjudication before the court of learned Special Mobile Magistrate Samba; that during the course of the said proceedings with the intervention of elderly persons an amicable settlement arrived at between the parties and they decided to dissolve their marriage by mutual consent upon the terms and conditions that petitioner No.l (husband) would pay rupees one lac to the respondent no 2 (wife) as permanent alimony and there would be no claims in regard to Istridhan, dowry articles, maintenance as well as permanent alimony or on any other account between the parties; that the petitioners filed a petition under Sec. 13 B of the Hindu Marriage Act for decree of divorce and the same was disposed of by the learned Matrimonial Court of District Judge Samba granting decree of divorce dated 20.10:2020; that in pursuance to the settlement the petitioner no 1 husband paid the sum of rupees one lac to the satisfaction of all the claims and with the exchange of items, there remained no claim in regard to Istridhan, dowry articles, maintenance as well as permanent alimony or on any other account as between the parties; that pursuance to the settlement between the parties, respondent no.2 withdrew her application under Sec. 12 of Protection of Women from Domestic Violence Act from the court of learned Additional Special Mobile Magistrate Samba vide order dtd. 10/10/2020; prayer has been made by the parties for quashment of FIR as well as the criminal proceedings pending before the Court of learned Additional Munsiff Samba arising out of the same FIR.

(3.) Petitioners have annexed with the petition an agreement of divorce settlement dtd. 4/3/2020 duly registered before Notary Samba stating therein that both the parties have decided to close cases against each other. Instant petition is supported by an affidavit sworn by petitioner No.1.