ANKIT SUSHIL KUMAR GOYAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Learned APP waives service for the 1st respondent. Learned Counsel appearing for the 2nd respondent waives service. Taken up for final hearing forthwith. This is an application under Section 482 of the Code of Criminal Procedure, 1973 for quashing the offences registered under Sections 292(a), 506(II), 509 of IPC and under Sections 66(A), 66(C) and 67 of the Information Technology Act, 2000. The 2nd respondent is the wife of the applicant. The 2nd respondent is the complainant.

(2.) Perusal of the complaint on the basis of which offence was registered shows that there appears to be a matrimonial dispute between the applicant and the 2nd respondent and in fact an offence has been separately registered against the applicant at the instance of the 2nd respondent under Section 498A, 323 and other Sections of the Indian Penal Code.

(3.) Reliance is placed on a Compromise Deed dated 31st March, 2012 executed by and between the applicant and the 2nd respondent. The compromise records that the parties agreed to file a petition under Section 13B of the Hindu Marriage Act, 1955 before the Family Court at Kanpur for seeking divorce by mutual consent. The 2nd respondent agreed to file an affidavit for getting the criminal proceedings disposed of in view of the settlement. There is specific reference to the offence subject matter of this Application under the Compromise Deed.