- (1.) BARKAT Ali Zaidi, J. The facts giving rise to this petition are as follows:
(2.) A case under Sections 498-A,323,504 and 506 I. P. C. and Section 3/4 of the Dowry Prohibition Act, at P. S. Mahila Thana Rakabganj, Agra was registered on basis of an F. I. R. , lodged by the Opposite Party No. 2 against her husband and other family members of the husband. I have heard Sri D. N. Wali, Counsel for the applicants, Sri S. P. S. Rathi, Counsel for the complainant and Sri R. K. Maurya, Additional Government Advocate for State. During the course of investigation, the complainant wife settled her differences with the husband and his family and gave an affidavit to the Station House Officer of the concerned police station that the matter between her and her husband has been compromised and she does not want to proceed any further in the matter and therefore, her complaint may be deemed to be foreclosed, so that her family life is not disrupted. She said the same in her statement under Section 161 Cr. P. C. to the investigating officer. The Investigating Officer, thereafter, filed a final report before the Magistrate.
(3.) THE wife, thereafter also filed an application/affidavit before the Magistrate, saying that the matter has been compromised and she does not want to proceed further in the matter. It is disturbing to note that the final report remained pending before the Magistrate without orders. Thereafter, the wife respondent applied before the Magistrate that the compromise filed by her earlier, was obtained fraudulently by deceit, and her signatures were obtained on blank papers, and she did not give any statement to the investigating officer about the matter being compromised between her and applicants. She also said that no compromise was given by her to Station House Officer.;