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The petitioners have filed the petition seeking quashing of FIR No.3 dated 05.01.2012 registered in Women Police Station, District Sonepat for offence punishable under Sections 498-A, 406, 323, 506 read with Section 34 of the Indian Penal Code (in short 'IPC').

Respondent No.2 (complainant) failed to appear to contest the petition.

Counsel for the petitioners would contend that the marriage of petitioner Atul with Sheetal respondent was performed on 26.03.2011. Due to marital discord between the husband and wife, Sheetal lodged the aforesaid FIR against her husband and his family members. The matter was settled by way of compromise (Annexure P2) and in view of the compromise, Atul and Sheetal filed a petition for divorce by way of mutual consent under Section 13-B of the Hindu Marriage Act, which has been allowed by the learned trial Court vide judgment passed on 26.10.2013. The complainant, in pursuance of the compromise effected between the parties, has already received an amount of `12 lacs in view of her statement recorded in the matrimonial proceedings on 26.10.2013. It is argued with vehemence that as Atul petitioner has already complied with the terms and conditions of the compromise and filed a joint petition for dissolution of marriage by way of decree of divorce and paid an amount of `12 lacs to satisfy the claim of the complainant towards dowry, istridhan, maintenance, permanent alimony etc., continuation of criminal proceedings initiated at the behest of the respondent are nothing but an abuse and misuse of process of law. It is further argued that as per the compromise effected between the parties, the complainant agreed to withdraw cases filed by her and make a statement in favour of first party i.e. Atul in criminal case FIR No.3 dated 05.01.2012 under Sections 498-A, 406, 323, 506, 34 IPC, Women Police Station, District Sonepat. The last submission made by counsel is that in view of the affidavit filed by petitioner Atul, the petitioner or his family members have not filed any criminal or civil case against the complainant or her family members nor they will initiate any litigation against them in future regarding the present dispute.

A relevant extract from the compromise (Annexure P2) reads as follows:-

"That both the parties are involved in court cases in this regard. The second party had lodged a FIR No.3 dated 05.01.2012 u/s 498A, 406, 506, 323, 34 IPC at P.S. Women, Sonepat against the first party and his other family members.
The parties has now filed a joint petition for dissolution of marriage by way of decree of divorce u/s 13-B(1) of Hindu Marriage Act and in that petition it was decided by the parties that the first party will pay an amount of Rs.12 lacs for lump sum settlement to the second party and after that the second party will not claim any type of maintenance alimony in future from the first party. In lieu of that settlement the first party made payment an amount of Rs.12 lacs to the second party on first motion and nothing is due towards the first party. Now the parties also arrived in a compromise to withdraw their all cases whatever filed by the parties, which are pending before the various courts at Sonepat.
That now with the intervention of the Local Panchayat and brotherhood a compromise has been effected that now both the parties will not claim anything from each other and all litigations will be settled by way of withdrawing their respective cases.
That it is settled that the second party will cooperate the first party by way of withdrawing her cases and making the statement in favour of the first party in criminal case i.e. FIR No.3 dated 05.01.2012 u/s 498A, 406, 506, 323, 34 IPC P.S. Women, Sonepat.