- (1.) The present petition under Section 482, Cr.P.C., has been filed by the petitioner, Gian Chand, son of Het Ram, resident of House No. 3107-B, Sector 52, Chandigarh, for quashing of FIR No. 163, dated 17.5.2004, under Section 498-A, IPC, registered at Police Station, Sector 36, Chandigarh, and all the consequential proceedings arising therefrom, on the basis of the compromise.
(2.) Learned counsel for the petitioner submits that the present criminal litigation has arisen out of a matrimonial dispute between Gian Chand (petitioner/husband) and Dilpreet Kaur (respondent No. 3/wife), who is present in the Court along with her counsel. He further submits that initially a petition under Section 13 of the Hindu Marriage Act, 1955, was filed in the Court of learned District Judge, Chandigarh, for grant of a decree of divorce. Thereafter, respondent No. 3 filed a complaint against the petitioner before the Senior Superintendent of Police (Operations), Chandigarh, on the basis of which impugned FIR was lodged. However, with the intervention of the respectable and elderly people of the society, both the private factions sorted out their disputes and differences and effected a compromise. Consequently, the aforementioned divorce petition was converted into a petition under Section 13-B of the Hindu Marriage Act, for dissolution of marriage by decree of divorce by mutual consent. He further submits that the husband and the wife had also suffered their respective statements (Annexures P-2 and P-3) with regard to the compromise effected between them and eventually vide judgment and decree dated 10.9.2014, a decree of divorce by mutual consent has been passed by the learned District Judge, Chandigarh. He further contends that in view of the compromise so effected between the petitioner and respondent No. 3, pendency of the FIR and the consequential proceedings arising therefrom would be sheer abuse of the process of law as the chances of ultimate conviction and sentence of the petitioner are bleak.
(3.) Learned counsel for respondent Nos. 2 and 4 on instructions from SI Parminder Singh of Police Station, Sector 36, Chandigarh, very fairly concedes that the present criminal litigation has arisen out of a matrimonial dispute and the husband and the wife have effected a compromise. He has no objection if the impugned FIR and all the consequential proceedings emanating therefrom are quashed on the basis of the compromise.;