JUDGEMENT
-
(1.) THIS petition has been filed by petitioners Neeraj Gogia and Asha Gogia under Section 482 Cr.P.C. for quashing of FIR No.322 dated 10.7.2012 (Annexure -P.1) registered on the complaint of Architacomplainant (respondent No.2) for the offences under Sections 406, 498 - A, 323, 506 and 34 IPC at Police Station Civil Lines, Rohtak and all other subsequent proceedings arising therefrom on the basis of compromise.
(2.) THE marriage between petitioner No.1 Neeraj Gogia and respondent No.2 Archita was solemnized on 21.8.2010. Due to differences in temperaments, incompatibility and non -adjustment between them, matrimonial dispute arose between the parties and the above said FIR was got registered by complainant -respondent No.2 for the above mentioned offences against the petitioners. Now with the intervention of respectable persons, the parties have entered into a compromise and the husband and wife have decided to seek dissolution of their marriage by mutual consent by filing petition under Section 13 -B of Hindu Marriage Act, which has been filed in the competent Court.
(3.) ON 11.12.2013, learned Chief Judicial Magistrate, Rohtak was directed to send a report with regard to the genuineness/validity or otherwise of the compromise arrived at between the parties after recording the statements of all the concerned parties.
In compliance of the above, the learned Chief Judicial Magistrate, Rohtak has sent his report vide letter dated 24.12.2013, wherein statements of complainant Archita and accused -petitioner Neeraj Gogia have been recorded, in which they have submitted that they have voluntarily compromised the matter and complainant Archita does not want to take any action against the petitioners. The complainant has further stated that she has no objection if the aforesaid FIR is quashed. Learned Additional Advocate General, Haryana, on instructions from the Investigating Officer, and learned counsel for the complainant -respondent No.2 admit the factum of compromise and have no objection if the impugned FIR and all other subsequent proceedings arising therefrom are quashed.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.