SUSHIL HARKAULI,J. - (1.) THE respondent No. 4 who is the father of the wife Sharda Devi lodged an FIR against the husband, who is the petitioner No. 1 and the petitioners No. 2 to 5 at P.S. Phoolpur, District Varanasi under Section 498-A/504/506 IPC read with Section 3/4 D.P. Act which was registered as Case Crime No. 225 of 1997. After investigation final report was submitted by the police, which was accepted by C.J.M., Varanasi.
(2.) A suit for divorce was instituted on 28-8-1999 by the petitioners. On 7-12-1999 written statement was filed in the suit. On 10-2-2000 another FIR was lodged by the respondent No. 4 at Manila Thana, Allahabad against the petitioners under Section 498-A IPC and 3/4 D.P. Act which was registered as Case Crime No. 112 of 2000. After investigation charge sheet has been submitted by the police being Charge Sheet No. 17 of 2000 dated 28-12-2000 under Section 498-A IPC and 3/4 D.P. Act. This writ petition prays for quashing of the charge sheet on the ground that the above sequence of events referred above indicate that the allegations in the FIR have been concocted to create a pressure after notice of the divorce suit.
(3.) THE other and more important ground is that the real parties to the dispute i.e. the husband and wife have settled the matter by mutual consent and there has been a written compromise in which the parties have agreed to drop all the proceedings against each other including the criminal case in which charge sheet has been submitted. Paragraph No. 4 of the compromise annexed as Annexure 8 to this writ petition states that the lady and her father (respondent No. 4) have agreed to give statement in favour of the accused in the police station as well as Court in the criminal case.;