NIKET NAGAR AND OTHERS Vs. STATE OF HARYANA AND ANOTHER
LAWS(P&H)-2012-7-295
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 04,2012

Niket Nagar And Others Appellant
VERSUS
State Of Haryana And Another Respondents

JUDGEMENT

- (1.) The petitioners have approached this Court by way of instant petition under Section 482 of the Code of Criminal Procedure (for short 'Cr. P. C. '), invoking its inherent jurisdiction for quashing of FIR No. 469 dated 14.11.2006 under Sections 406, 498-A of the Indian Penal Code ('IPC' for short), registered at Police Station Sector-7, Faridabad and the consequential proceedings arising therefrom, on the basis of compromise.
(2.) Notice of motion was issued.
(3.) Learned counsel for the petitioners and respondent No. 2- complainant are ad idem that during the pendency of this petition, the parties have arrived at an amicable out of Court settlement. It is the further common case of the parties that petition under Section 13-B of the Hindu Marriage Act, 1955 was moved before this Court vide FAO No. 3643 of 2010 (Niket Nagar versus Kusum Nagar) and the divorce by way of mutual consent has been granted by the Division Bench of this Court vide order dated 27.4.2012. The relevant part of the order, reads as under:- "The petitioners were married on 18.4.2004. On account of matrimonial differences, Niket Nagar filed a petition under Section 13 of the 1955 Act for grant of a decree of divorce. Kusum filed a petition under Section 9 of the 1955 Act, for restitution of conjugal rights. Vide order dated 17.5.2010, the learned District Judge, Faridabad accepted the petition for restitution of conjugal rights and dismissed the petition for grant of divorce. During pendency of this appeal, parties have resolved their matrimonial differences and, in furtherance thereof, have filed CM No. 5014-CII of 2012 for converting the petition for grant of divorce to a petition for grant of divorce under Section 13B of the 1955 Act, by mutual consent. The application was allowed on 2.3.2012.;


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