ORDER :

1. Petitioners have filed this petition under Section 482 of the Criminal Procedure Code, 1973 (in brevity ‘Cr.P.C.’) seeking quashing of First Information Report (‘FIR’) No. 82/2022 dated 08.05.2022 under Sections 498A, 377 and 34 of Indian Penal Code, 1860 (for brevity ‘IPC’) registered at Police Station Mahila Thana, Raipur (C.G.) along with all consequential proceedings arising out of the said FIR, on the basis of compromise.

2. Facts of the case are that petitioner No. 1 Nikhil Nathani was married to respondent No. 2 Chandni Nathani on 21.02.2018. Thereafter, an FIR was lodged by respondent No. 2 against her husband and other family members and offence was registered under Sections 498A, 377 and 34 of IPC. It is contended that petitioner No. 1 Nikhil Nathani and respondent No. 2 Chandni Nathani have parted their ways. It is further contended that settlement in between the parties has been arrived at and by way of deed of settlement dated 19.10.2022.

3. Learned counsel for the petitioners submits that the dispute arose between the parties is purely a matrimonial dispute arising out of personal discord and the FIR was a result of matrimonial dispute between them. He further submits that both the parties have settled their dispute vide deed of settlement dated 19.10.2022. It is further contended that as the parties have recorded their statements on 29.11.2022 and they have recorded that the dispute arose between them is amicably settled, FIR No. 82/2022 be quashed.

4. Learned counsel for respondent No. 2 supported the submission of learned counsel for the petitioners and admitted the contents of the deed of settlement (Annexure P/2) wherein, it has been stated that she has no objection, if FIR in question is quashed.

5. Learned State counsel submits that they have no objection in compromise of the matter between the parties.

6. I have heard learned counsel for the parties and perused the material available on record.

7. For ready reference, deed of settlement dated 19.10.2022 executed between the parties is quoted below:

DEED OF SETTLEMENT

“THIS DEED OF SETTLEMENT is being entered into on this 19th day of October, 2022 at Raipur (C.G.)

BY AND BETWEEN:

Mrs. Chandni Nikhil Nathani W/o Mr. Nikhil Nathani D/o Late Shri Wadhaya Ram Bajaj, aged about 28 years, residing at Ruprela Marg, Bajaj Bhavan, Fafadih, Raipur 492001 (C.G.) (hereinafter referred to as First Party).

AND

Mr. Nikhil Nathani, S/o Mr. Shankar Lal Nathani, aged about 29 years, residing at 7A, Ganpati Nagar, Behind Rotary Club, Jalgaon (M.H.) (hereinafter referred to as Second Party).

Both the parties together shall be referred to as “Parties.”

WHEREAS the marriage between the Parties was solemnized on 21.02.2018 at Jalgaon (M.H.) in accordance with Hindu rites and ceremonies, in the presence of friends, relatives and family members.

AND WHEREAS the First Party has made a complaint to the police of police station: Mahila Thana, Raipur and the police has registered an FIR bearing No. 82/2022 under Sections 498A, 377 and 34 of the Indian Penal Code, 1860 against the Second Party and others.

AND WHEREAS the First Party has also made a complaint dated 15.06.2022 against the Second Party and others before Sakhi Centre, Byron Bazaar, Raipur (C.G.) under the provisions of Protection of Women from Domestic Violence Act, 2005.

AND WHEREAS the Second Party has filed an application under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights against the First Party before the Family Court, Jalgaon (M.H.) whereby a case bearing no. Petition Appeal No. 117/2022 has been registered and is pending adjudication. AND WHEREAS subsequent to the lodging of the complaints, efforts were made between

n the Parties to amicable resolve the disputes and after active participation of the Parties and their family members, observing that the marriage has broken beyond repair, all the disputes between the Parties have been resolved with an amicable settlement which is being witnes