- (1.) This petition has been filed under Section 482 Cr.P.C. with a prayer for quashing F.I.R. No.26 dated 1.6.2006 registered under Sections 498-A, 406 and 34 I.P.C. at Police Station W.P.S., Sonepat and all consequential proceedings arising therefrom. The ground for approaching this Court with the aforesaid prayer is that the parties had actually settled the matter and the petitioners had paid an amount of Rs.6 lacs, whereas the complainant had agreed to withdraw the F.I.R. by making a positive statement to that effect.
(2.) The Court being initially swayed by the contentions raised before it and concerned with the fact that the respondents despite having taken an amount of Rs.6 lacs had not honoured the commitment, directed respondent No.2 to remain present in Court. The Court also found that the conduct of respondent No2 was prima facie contumacious.
(3.) Respondent No.2 is present in Court and her counsel has referred to the statement made by petitioner No.1 himself before the Court which had dissolved the marriage by way of divorce wherein petitioner No.1 had stated that he has given an amount of Rs.6 lacs and also agreed to withdraw the complaint preferred before the Income-Tax Department and get a clearance therefrom by 24.2.2008. It has been stated by respondent No.2 that petitioner No.1 has not cared to withdraw the complaint till today and that is the reason she also resiled from her commitment by not withdrawing the proceedings pursuant to the F.I.R. It is evident that petitioner No.1 has himself invited this situation, by not honouring his commitment made before the Court. This Court would have ordinarily proceeded against petitioner No.1 for having committed the Contempt of Court, as not only did he not abide by his commitment made before the Court which was dealing with his divorce petition, but at the same time, he made a completely erroneous projection before this Court by suppressing this aspect of the matter altogether.;