VIKAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner Vikas and the respondent No. 2 Mamta along with her father Shri Rameshwar are present.

(2.) By the instant petition under Section 482 Cr.P.C., the petitioners seek quashing of F.I.R. No. 210/2009 Police Station Sojat City, Pali for the offences under Sections 498-A, 406 and 323 I.P.C. lodged by respondent No. 2 Mamta against the petitioners.

(3.) The petitioners seek quashing of F.I.R. on the ground that after instituting the criminal case by lodging F.I.R., the respondent No. 2 and the petitioners have compromised the matter and finally decided to dissolve the marriage solemnized between the petitioner No. 1 and the respondent No. 2 on 24.5.2002, as per custom. A document i.e. customary dissolution of marriage (Talaknama) has been entered into between the parties on 31.7.2009. The respondent No. 2 Mamta who is present in Court, has been identified by her counsel Mr. Dhirendra Singh. She has filed an application being Cr.Misc. Application No. 1942/2009 stating therein that in the spirit of Lok Adalat and on persuasion of the reputed members of the society and keeping in view bright future, the petitioner No. 1 and the respondent No. 2 have decided to dissolve the marriage solemnized between them by custom. According to the parties, dissolution of marriage by custom is provided in their community and ultimately they have decided to dissolve the marriage by custom by entering into a document thereto. A compromise has been filed before this Court which has been verified by Deputy Registrar, Judicial. The respondent No. 2 along with her father present in Court also submits that they do not want to prosecute the petitioners and pursue the F.I.R. lodged by respondent No. 2 after having compromised the matter by dissolving the marriage solemnized between the petitioner No. 1 and respondent No. 2 and also requests that F.I.R. be s .e s.o that the parties can lead their independent life. During investigation of the case, the dowry articles belonging to the respondent No. 2 have been recovered by the police from the petitioners and the parties pray that such dowry articles be also handed over to respondent No. 2 Mamta.