MR.BANWARI LAL SHARMA,J. - (1.) This petition under Section 482 Cr.P.C. is preferred by petitioners Naveen Sharma (Husband), Sharda Sharma (Mother-in-law), Dimple Sharma (Sister-in-law) of respondent no. 2/complainant for quashing impugned FIR No. 284/2014 registered at Mahila Police Station, Ajmer under Sections 406, 498A I.P.C. and subsequent proceedings.
(2.) Learned Counsel for petitioners Mr. P. Jauhar submits that petitioner no.1 has filed D.B. Habeaus Corpus Petition No. 106/2015 before this Court wherein on 17.12.2015, the Division Bench of this Court passed following order:- "Husband Naveen Sharma and wife Meenal are present in person. They both have minor son Pranav. In the present Habeas Corpus Petition, the husband has claimed custody of Pranav on the basis of orders dated 02.04.2015 and 16.04.2015 passed by the Superior Court of Justice, Family Court, Hamilton, Ontario in Court File No.3173-14. The wife is presently residing in Ajmer along with Pranav, whereas husband is an American citizen having his domicile in USA. Having regard to the nature of dispute between the parties, this Court referred the matter for mediation for amicable settlement. After mediation, the parties have agreed to live together by resolving their differences on following terms:- "(1) Both the parties will withdraw their respective cases within 4 months from today. (2) Mr. Naveen Sharma will find out 3-4 flats for choice of Smt. Meenal and Smt. Meenal will then go to U.S.A. to select one of them. This process should complete within 18 months. (3) In the meantime Mr. Naveen Sharma will come to India to meet Mrs. Meenal and Pranav at least for 3 time. Similarly Mrs. Meenal will go to U.S.A. along with her son under the security with condition that Mr. Naveen will arrange all their expenses including travelling expenses and will undertake that if both of them desire to return India then Mr. Naveen will arrange their safe return to India. (4) The flat which is going to purchase by Mr. Naveen Sharma should be in joint name of both party. None of the party will entitle to sale this flat or it's any part independently. Mr. Naveen Sharma will arrange collateral security against loan and in no case the flat should be taken from ownership and possession of Mrs. Meenal Sharma. In case any mishapening the flat will remain in ownership of Mrs. Meenal Sharma. (5) Mr. Naveen, Mrs. Meenal and Pranav will live jointly at U.S.A. after purchase of flat. None of the family member of both parties will disturb and interfere in their lives."
(3.) He submits that since dispute between parties has already been resolved by the intervention of mediator and the same has been affirmed by the Division Bench of this Court. In settlement, it was decided that all parties shall withdraw their respective cases but respondent no. 2 even after settlement failed to withdraw the impugned FIR, therefore same may be quashed. Learned Counsel for petitioners further submits that petitioners have acted upon the settlement but now respondent no. 2/complainant is not withdrawing the impugned FIR and cooperating for quashing of FIR.;