Oral Judgment: (A.P. Lavande, J.)
Ms. Sarkar, learned Counsel appears on behalf of applicants. Mrs. Joshi, learned Additional Public Prosecutor appears on behalf of respondent no.1. Respondent no.2 appears in person. Ms. Sarkar, learned Counsel identifies applicant no.1 as well as respondent no.2.
2. Rule. Rule returnable forthwith. Heard finally with consent of learned Counsel for the parties.
3. By this application under Section 482 of Code of Criminal Procedure, the applicants seek quashing of the First Information Report dated 21/8/2011 in Crime No.114/2011 registered at Koradi Police Station for the offence punishable under Section 498-A read with Section 34 of Indian Penal Code.
4. The respondent no.2 is wife of applicant no.1 and applicant Nos.2, 3 and 4 are mother-in-law, sister-in-law and sister-in-law of respondent no.2 respectively. It is the case of the applicants that after filing of the first information report dated 21/8/2011, applicant no.1 and respondent no.2 are staying together as husband and wife for last more than three months and they have settled the dispute between them and as such, respondent no.2 does not want to proceed with the criminal proceedings initiated by her by lodging first information report dated 21/8/2011. The applicant no.1 and respondent no.2, who are present in person, have also stated before us that they are living together as husband and wife for last more than three months and as such, the first information report dated 21/8/2011 be quashed.
5. Having regard to the principles laid down by the Apex Court in the case of Gian Singh vs. State of Punjab and another {(2012) 10 SCC 303), we are of the considered opinion that this is a fit case wherein first information report dated 21/8/2011 registered at Koradi Police Station deserves to be quashed in the interest of justice. Accordingly, first information report dated 21/8/2011 registered vide Crime No.114/2011 by Koradi Police Station for the offence punishable under Section 498-A read with Section 34 of Indian Penal Code is quashed.
6. Rule is made absolute in the aforesaid terms. No order as to costs.