- (1.) THIS joint Criminal Misc. Petition under Section 482 Cr.P.C. has been filed by the petitioners and respondent No.2 with a prayer for quashing the FIR No.10/2010 dated 20.02.2013 of Police Station, Mahila Thana (West), Jodhpur, for the offences under Sections 498A and 406 IPC.
(2.) BRIEF facts of the case are that on a complaint lodged at the instance of respondent No.2, the Police Station, Mahila Thana (West), Jodhpur has registered an FIR No.10/2010 against the petitioners for offences under Sections 498A and 406 I.P.C. During the pendency of the investigation a joint divorce petition under Section 13B of the Hindu Marriage Act, 1955 was preferred on behalf of the the petitioner No.1 as well as the respondent No.2 before the Family Court No.1, Jodhpur and the divorce decree is granted. Learned counsel for the petitioner No.1 and respondent No.2 has submitted that the parties have already been divorced and divorce decree has also been issued by the Family Court No.1, Jodhpur on 06.03.2014. A photocopy of the same is also produced in the Court which is taken on record.
(3.) THE learned counsel for the petitioners has argued that the complainant -respondent No.2 and the petitioners have already entered into compromise and settled their dispute amicably. It is also contended by learned counsel for the petitioners that the petitioner No.1 and the respondent No.2 have decided to live separately by mutual consent and in this regard a divorce petition No.380/2013 under Section 13B of the Hindu Marriage Act, 1955 was filed by them and the divorce decree is also issued by the Family Court No.1, Jodhpur on 06.03.2014.;