- (1.) Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.122 dated 03.11.2013, under Section 306/34 of the Indian Penal Code, 1860 ('IPC' for short), registered at Police Station Bhanimiankhan, District Gurdaspur, and all the subsequent proceedings arising therefrom on the basis of compromise effected between the parties.
(2.) Learned counsel for the petitioner has submitted that in fact no offence under Section 306 IPC could be stated to have been committed by the petitioner. The deceased had taken poison and had committed suicide. Deceased had not left any suicide note. He further submitted that petitioner No.1 who is the wife of the deceased and due to some matrimonial dispute, she was residing in her parental house. The deceased had not died in the parental house of petitioner No.1. The FIR in question had been lodged merely on the basis of suspicion as the relations between the parties were already strained due to a matrimonial discord between petitioner No.1 and her husband. However, now parties have amicably settled their dispute.
(3.) Vide order dated 02.12.2013, Area Magistrate was directed to record the statements of the parties and send its report qua genuineness of the compromise. Respondent No.2 appeared before the Area Magistrate and gave a statement that she had no objection, if the FIR in question was ordered to be quashed. Area Magistrate, vide its report dated 03.01.2014 reported that the compromise between the parties was voluntary.;