- (1.) Petitioners seek quashing of FIR No.85 dated 08.08.2006 under Sections 498-A/406 IPC, registered at Police Station E-Division Kotwali Amritsar, by way of instant petition under Section 482 Cr.P.C., invoking the inherent jurisdiction of this Court on the basis of compromise (Annexure P-1), arrived at between the parties. Petitioner No.1, respondents No.2 and 3 are present and identified by their respective counsel. Learned counsel for the private respondents No.2 and 3 as well as learned counsel for the petitioners are ad idem that the parties have amicably settled the dispute. Petitioner No.1 and respondent No.3 filed a petition under Section 13-B of the Hindu Marriage Act, 1955, for dissolution of marriage by a decree of divorce by way of mutual consent. The learned court of competent jurisdiction, vide its judgement dated 17.02.2011 rendered in Hindu Marriage Act Case No.8 of 2011, titled as 'Sachin Kapoor vs. Smt.Simmi @ Nidhi', has accepted the petition and dissolved the marriage between the parties by a decree of divorce by mutual consent.
(2.) The parties accepted the terms of compromise arrived between them which have been so recorded by the learned trial Court while passing its above said judgement dated 17.02.2012. It is appropriate to refer to the observations made by the learned trial Court in operative para No.5 of the judgement dated 17.02.2012, which read as under: In his statement petitioner No.1 Sachin has reiterated on oath all the averments contained in the petition filed under Section 13-B of Hindu Marriage Act, while, Simmi, petitioner No.2 has agreed with the statement of petitioner No.1 and admitted it correct that she has received two drafts of Rs. 2,50,000/- in her favour Rs. One lac in favour of minor. Rs.12000/- in cash qua difference of gold ornaments. The parties to the petition have left with no right against each other and both the parties undertake that in future they will not claim anything from any of the party. The son of the parties shall remain in the custody of parents of petitioner No.2 having been adopted by them by way of registered Adoption Deed. Now there shall be no claim against each other. The parties are living separately from each other since 20.04.2006 and there is no cohabitation between the parties and they are separated from each other on account of incompatibility of temperament. There are no chances of reconciliation in future. The parties have settled their claim inter se. Both the parties are in the prime of their youth. Keeping this relationship intact would not serve any purpose than to unnecessarily prolong the agony of the parties. The statutory period of six months has already expired. Hence, the petition is allowed and the marriage of the parties is ordered to be dissolved by decree of divorce by mutual consent from today. Parties to bear their own costs. Decree sheet be drawn. File be consigned to the record room.
(3.) Learned counsel for the parties also filed compromise deed dated 29.06.2011 (Annexure P-1). Original of Annexure P-1 has been shown by the learned counsel for the parties, on which the photographs of petitioner No.1 as well as of respondents No.2 and 3, have also been affixed. On the pointed question put to respondents No.2 and 3, they have stated in one voice that they have got no objection in case the impugned FIR is quashed because they have entered into a compromise with the petitioners. They have also admitted the fact that pursuant to the compromise, the parties filed a petition under Section 13-B of the Hindu Marriage Act and the marriage between the parties already stood dissolved by way of decree of divorce by mutual consent.;