- (1.) Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 praying for quashing of FIR No.80 dated 11.08.2009 registered under Sections 406/498A/506/34 Indian Penal Code, 1860 at Police Station Ramdass, District Amritsar Rural and all consequential proceedings arising thereto, on the basis of compromise. Learned counsel for the petitioners has submitted that the parties have settled all their disputes. In pursuance to the compromise, petitioner No.1 and respondent No.2 had sought decree of divorce on the basis of mutual consent. The said petition has been decreed by the District Judge on 13.03.2012.
(2.) Learned State counsel who is assisted by Sub-Inspector Rajesh Kumar has placed on record copies of statements of the parties, recorded in petition filed under Section 13B of the Hindu Marriage Act, 1955 and judgment passed by District Judge. None has appeared on behalf of respondent No.2 despite service.
(3.) Statement of respondent No.2 recorded in the divorce proceedings on 13.03.2012 reads as under: "After filing of the petition and getting my statement recorded in the Court on 07.09.2011, I and my husband Sukhdeep Singh, have not resided together. There are no chances of resolution of our mutual dispute and our residing together again as husband and wife in cordial atmosphere, since our marriage has broken down completely. I have received Rs.2,75,000/- in cash, today in the Court, towards my maintenance, past, present and future permanent alimony as also towards the maintenance of the minor Divyajot Kaur. The other petitioner, has received back the cheque No.163241 dated 07.09.2011, which was kept by him on the record of the Court and thus, I have received the aforesaid amount in lieu of that cheque. As agreed upon between us, custody of minor daughter, shall remain with me in future and the other petitioner, would not claim the same. I shall appear before the Hon'ble Punjab and Haryana High Court in the matter of the quashing, which, is posted there for 30.03.2012 and I shall ensure quashing of the FIR No.80 of 2009, registered with P.S. Ramdas. Therefore, it be dissolved by a decree of divorce by mutual consent.";