JASKARAN SINGH JOHAR & ORS. Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition is maintained by the petitioners under Sec. 482 of the Code Criminal Procedure (hereinafter to be called as "the Code ") for quashing F.I.R No. 0011, dated 18.01.2016, under Sec. 498-A, read with Sec. 34 of the Indian Penal code, registered at Police Station, Shimla Sadar, District Shimla, H.P. along with all consequential proceedings arising out of the above mentioned F.I.R.

(2.) Briefly stating the facts, giving rise to the present petition are that the marriage between the petitioner No. 1/husband (hereinafter to be called as "petitioner No. 1 ") and respondent No. 3/wife (hereinafter to be called as "respondent No. 3 ") was solemnized on 23.03.2003, as per Hindu customs and tradition, out of the said wedlock a male child was born, who is presently residing with respondent No. 3. Since 21.01.2015, petitioner No. 1 and respondent No. 3 are living separately, on account of temperamental differences and mental incompatibility. After intervention of family friends/relatives, petitioner No. 1 and respondent No. 3 had decided to dissolve their marriage by the decree of divorce by mutual consent. The parties have entered into a compromise vide compromise deed executed on 02.04.2016 (Annexure P- 2), wherein total settlement amount of Rs. 90,00,00.00 (Rupees ninety lac) is to be paid by petitioner No. 1 to respondent No. 3, as full and final settlement, towards her claims i.e., Istridhan, alimony and maintenance, out of which a sum of Rs. 40,00,000.00 (Rupees forty lac) had already been received by respondent No. 3 in first motion, recorded on 10.08.2016 in the Court of Principal Judge (South East), Family Courts, Saket, New Delhi (Annexure P-3). The remaining amount of Rs. 50,00,000.00 (Rupees fifty lac) shall be paid at the time of recording of statement in second motion. Now, both the parties have entered into a compromise and do not want to pursue the case against each other.

(3.) Respondents No. 1 & 2/State by filing reply to the petition prays that the proceedings are pending adjudication before the learned Court below, hence the present petition deserves to be dismissed.