- (1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure on behalf of petitioners, namely, Rajesh Kwatra, Harbans Lal, Smt. Sita Rani and Chetan Arora, for quashing of F.I.R. No.90 dated 15.06.2009, under Sections 406, 498-A and 323 of Indian Penal Code registered at Police Station Division No.5, Jalandhar on the basis of compromise effected between the parties, which is annexed as Annexure P-3 with the petition.
(2.) Notice of motion was issued on 13.12.2011. Vide order dated 03.04.2012, parties were directed to appear before the trial Court. The trial Court was directed to record the statements of both the parties with regard to the compromise and also to send a report in this regard.
(3.) In response to the said directions issued by this Court, a report in this regard has been sent by the trial Court, which is on record along with the statements of the parties wherein it has been mentioned that the statement of complainant has been recorded and she has specifically stated that a compromise has been effected with the accused persons. She has also stated that she has received an amount of Rs. 4,10,000/- as a lump sum amount in lieu of maintenance and nothing is due against the accused. It has also been mentioned that the divorce petition filed under Section 13-B of Hindu Marriage Act has also been allowed on 10.09.2011 and the complainant has no objection in quashing of the FIR. Similarly, statements of accused, namely, Rajesh Kwatra, Harbans Lal and Smt. Sita Rani, were recorded wherein factum of compromise has been affirmed. One accused namely, Chetan Arora, has been declared proclaimed offender and his statement could not be recorded as he has not surrendered before the trial Court.;