- (1.) Petitioners, namely, Rajiv Sharma and Kanta Rani, faced trial in case FIR No.179 dated 16.04.2008 registered under Sections 406 and 498-A of Indian Penal Code at Police Station Kotwali, Patiala and were convicted for said offences by the trial Court. Thereafter, aggrieved against the said judgment of conviction and order of sentence, an appeal was filed by the petitioners before Additional Sessions Judge, Patiala, which is still pending. During pendency of the appeal, a compromise has been effected between the parties and a petition under Section 13-B of the Hindu Marriage Act, 1955 (for short 'the Act') was filed and divorce was granted on mutual consent.
(2.) The present petition has been filed under Section 482 Cr.P.C. for quashing of aforesaid FIR and other proceedings arising therefrom on the basis of compromise dated 11.11.2013 (Annexure P-2).
(3.) Learned counsel for the petitioners submits that the dispute between the parties has been settled by way of compromise arrived at during pendency of the appeal. The complainantrespondent No.2 has no objection in quashing of the aforesaid FIR and other proceedings. Learned counsel further submits that on the basis of compromise arrived at between the parties, both the parties started to live separately and a petition under Section 13-B of the Act was filed and divorce was granted on mutual basis. Learned counsel also submits that the complainant-wife has received amount in lumpsum from her husband as per settlement. She has also submitted an affidavit stating therein that she has no objection in quashing of the FIR and other proceedings. Learned counsel has also relied upon judgments of Hon'ble the Supreme Court in Arvind Barsaul etc. vs. State of Madhya Pradesh and another, 2008 2 RCR(Cri) 910, Manohar Singh vs. State of Madhya Pradesh and another, 2014 3 RCR(Cri) 865, Ishwar Singh vs. State of Madhya Pradesh, 2009 1 RCR(Cri) 1 as well as judgment of Division Bench of this Court in Sube Singh and another vs. State of Haryana and another, 2013 4 RCR(Cri) 102 and judgment of Single Bench of this Court in Joginder Ram and others vs. State of Punjab and another, 2009 1 RCR(Cri) 495 in support of his contentions.;