ORDER

1. Heard finally, with the consent of the parties.

2. This petition (M.Cr.C. No.6308 of 2022) has been filed by the petitioners under section 482 of Cr.P.C., for quashing the FIR lodged at Crime No.999 of 2018 registered at Police Station – Vijay Nagar, Indore under sections 498A, 323, 506, 34, 325 and 313 of IPC and also the subsequent proceedings which are pending in S.T. No.578 of 2019 in the Court of 16th Additional Sessions Judge, Indore.

3. Since charges have already been framed in the aforesaid case, the petitioners, by way of extra precaution, have also filed a separate Criminal Revision No.3272 of 2022 against the framing of charges dated 18.7.2022 and 4.8.2022 under sections 498A and 313 of IPC against all the petitioners, and additional charges against petitioner No.1 under sections 323, 325 and 506 of IPC and since the facts are identical, the aforesaid criminal revision is also being disposed of vide this order.

4. The case of the petitioners is that the petitioner No.1 Anshul Gupta’s marriage was solemnized with the respondent No.2 Smt. Purnima on 23.4.2000, whereas the petitioners No.2 and 3 are the octogenarian father and mother of the petitioner No.1. Out of this marriage, the petitioner No.1 and the respondent No.2 also have a daughter, who is now aged 20 years, presently residing with the petitioners only. It is also an admitted fact that there was matrimonial dispute between the parties after some years of the marriage and re scores of proceedings were filed by the petitioners and the respondent No.2 against each other which are as under :--

“(i) HMA No.1715/2018 Divorce petition by the petitioner No.1 (No.1) under H.M.A. (Oct.2018); dismissed on 1.2.2023.

(ii) MJC No.513/20 Respondent No.2 filed under section 125 Cr.P.C.; dismissed on 1.2.2023.

(iii) HMA No.627/2020 Respondent No.2 filed petition under section 9 H.M.A.; dismissed on 1.2.2023.

(iv) UNCR No.7301 of 2019 the respondent No.2 filed complaint under section 12 of the Domestic Violence Act, 2005 before JMFC Indore; dismissed on 17.2.2023.

(v) Application under section 13 B of HMA for decree of divorce on the basis of compromise in Family Court HMA No.187/2023; divorce decree awarded on 2.2.2023.” and thus, finally the dispute was settled between the parties after the application under section 13B of the Hindu Marriage Act, 1955 was decreed on 2.2.2023, and a decree of divorce by mutual consent was obtained after the settlement was arrived at between the parties in which it was clearly stipulated in paras 15 and 16 of the application that the respondent No.2 would get a sum of Rs.50 lacs and she would also ensure that each and every case, which is lodged by her in any Court of India shall be withdrawn. Decree of divorce has also been filed on record.

5. After the aforesaid decree was passed, since the present case i.e. at Crime No.999 of 2018 was also pending in which the chargesheet was filed in the month of December 2018, as no application for compounding or quashment of the same was filed by the respondent No.2, the present petition has been filed. Thus, the grievance of the petitioners is that after the aforesaid decree was passed and the respondent No.2 received a sum of Rs.50 lacs, she refused to withdraw the present case, which was lodged at Crime No.999 of 2018 under sections 498A, 323, 506, 34, 325 and 313 of IPC.

6. Counsel for the petitioners has submitted that the aforesaid case was also lodged by the respondent No.2 only to harass the petitioners as even on perusal of the entire charge-sheet, it can be discerned that in the FIR itself there is no allegations of demand of dowry, and although it was alleged that the petitioners have aborted the pregnancy of respondent No.2, but no material was produced even at the time when the charge-sheet was filed, but along with the supplementary charge-sheet, a report from Bombay Hospital, Indore dated 3.1.2009 was produced in support of the allegation of the respondent No.2 that her