KUSUM DEVI AND OTHERS Vs. STATE AND ANOTHER

JUDGEMENT

(1.) Petition is for quashing of FIR No. 116/2014, dated 25.12.2014 registered at Police Station, Women Cell, Jammu, under Section 498-A/109 of the RPC. During the pendency of the petition, MP No. 1/2017 has been filed for placing on record copy of the petition filed by petitioner No. 9 and respondent No. 2 under section 15 of the Hindu Marriage Act, for grant of divorce by mutual consent. As per Paragraph 13 of the petition under section 15 of the Hindu Marriage Act, for grant of divorce by mutual consent, parties i.e. petitioner No. 9 and respondent No. 2 mutually settled their dispute and agreed to file a joint petition before this Court for quashing FIR No. 116/2014, (dated 25.12.2014) registered at Police Station Women Cell, Jammu, under Section 498-A/109 of the RPC against the petitioners.

(2.) Respondent No. 2 is present in Court along with learned counsel who identifies her to be Sangeeta Kumari W/o Ravi Kumar D/o Chaman Lal R/o Kairan Gurran Mohalla, Barnai Road, near S.K. Arms and Ammunition Gun Show Room, Tehsil and District Jammu. Respondent No. 2 has also placed an affidavit on record. She has also stated before this Court that she has filed a joint petition under section 15 of the Hindu Marriage Act along with petitioner No. 9 for grant of mutual divorce wherein she has agreed for quashing of FIR No. 116/2014, under Section 498-A read with Section 109 of the RPC against the petitioner and that she has no objection if the aforesaid FIR and all other proceedings are quashed. The statement of respondent No. 2 is taken on record along with affidavit filed by her in open Court, copy of which has been handed over to learned counsel for the petitioners. The contents of the petition under section 15 of the Hindu Marriage Act and affidavit filed in the Court shall form part of this order.

(3.) Learned counsel for the parties while jointly relying upon the decision of the Supreme Court in the cases of Jitendra Kumar v. State of U.P. and Ors. with Kewal Singh and Ors. v. State of U.P. and Ors., reported in 2015 (1) Law Herald (SC) 630 , contended that the Supreme Court in the said case in view of the settlement reached between the parties quashed the proceedings in exercise of power under section 482 of the Cr. P.C., 1973 and in view of the law laid down by the Supreme Court, FIR No. 116/2014, dated 25.12.2014 registered under Section 498-A read with Section 109 of the RPC at Police Station Women Cell, Jammu, against the petitioners and all other connected proceedings were liable to be quashed.