Manjit Kaur vs Surinder Kaur

V.M. Jain, J.

This is a petition under Section 482, CrPC, filed by the accusedpetitioners, seeking quashment of the criminal complaint and the summoning order and all subsequent proceedings, taken thereon.

In my opinion, it is not necessary to give the facts of the case in detail, in view of the order dated 22.8.1994, passed in the FAO 150M of 1993, titled as Ajit Singh v. Surinder Kaur.

Smt. Surinder Kaur, complainant, had filed a criminal complaint under Sections 406/498A/34, IPC, against the accusedpetitioners, including her husband, Ajit Singh, petitioner No. 4 In the said complaint, the petitioners were summoned as accused. Against the summoning order, the accusedpetitioners had filed the present petition. During the pendency of the present petition, a matrimonial dispute between the parties came to this Court by way of FAO 150M of 1993. In the said Appeal, the matter was compromised between the parties. As per the said compromise, Ajit Singh, petitioner, had paid Rs. 1.25 lakhs to Smt. Surinder Kaur, respondent, for dissolution of marriage and in full and final settlement of all her claims, including the withdrawal of all civil and criminal cases, pending before any Court. In the said appeal, it was noticed by this Court that the respondent, Smt. Surinder Kaur, had undertaken to withdraw all the civil and criminal cases, pending before any Court within 15 days, if not already withdrawn.

In view of the compromise, arrived at between the parties, in FAO 150M 1993, decided on 22.8.1994, in my opinion, the criminal complaint, the summoning order and all subsequent proceedings, taken thereon, are liable to be quashed, on account of the said compromise between the parties.

In view of the above, the present petition is allowed and the aforesaid criminal complaint, the summoning order and all subsequent proceedings, taken against the accusedpetitioners, are hereby quashed.