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Judgment
Kanwaljit Singh Ahluwalia, J.—The lawyers are stated to be on indefinite strike. Nobody is present on behalf of the petitioner. For the first time, this petition was listed on 6/3/2013 and the co-ordinate bench has adjourned the case because of the strike of the lawyers. The order dated 6/3/2013 passed by the court master of the coordinate bench reads as under:-
"Since the learned members of the Bar are on strike today, no effective order can be passed.
List this case after one week."
Since 7/3/2014, case has been adjourned 13 times and was not taken up even for admission.
On 12/8/2014, lawyers were again on indefinite strike and this court had passed the following order:-
"Lawyers are stated to be on indefinite strike.
Deputy Registrar (Judicial) is directed to obtain progress/status report from the trial court.
List on 18th August, 2014 in the supplementary list."
A perusal of the petition reveals that an application Annx. 2 was filed before the trial court stating therein that the parties have amicably resolved their dispute and they have also filed petition for dissolution of the marriage. The trial court has submitted a progress report wherein it has been stated that the parties had presented compromise in the trial court on 10/12/2012 and after verification, compromise was accepted partially for the offense u/s 406 IPC but was rejected for offence u/s 498A IPC being not compoundable.
Taking into account that the present petition is pending since 6/3/2013 and it had not been taken up because of the strike of the lawyers, this court is of the view that unnecessary adjournment of the petition will serve no useful purpose as Hon''ble Apex Court in the case of B.S. Joshi and Others Vs. State of Haryana and Another, , has held that in matrimonial dispute, this court while exercising powers u/s 482 Cr.P.C. can quash the proceedings u/s. 498A IPC also.
Consequently, present petition is accepted and the present FIR is quashed along with all subsequent proceedings with the liberty to the complainant/respondent aggrieved wife for revival of the present petition in case, compromise no longer persists between the parties.
