Full Judgment Text
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CASE NO.:
Transfer Petition (civil) 457 of 2006
PETITIONER:
ARCHANA
RESPONDENT:
VIMALENDRA PAL SINGH BHADAURIA
DATE OF JUDGMENT: 08/02/2008
BENCH:
H.K. SEMA & MARKANDEY KATJU
JUDGMENT:
JUDGMENT
O R D E R
TRANSFER PETITION (C) NO. 457 OF 2006
In this transfer petition settlement has been arrived at between the husband and wif
e.
The terms of settlement is taken on record. In view thereof, the Divorce Petition No.A
1363/2006 pending before Court No.2 of Family Court, Bandra, Mumbai has become
infructuous. Respondent-husband states before us that he would not press the divorce
petition.
The other problem is with regard to the pendency of Sessions Case No.127/2007
under Section 315/498A/406 of IPC corresponding to FIR No.157/2007. It appears that
the aforesaid Section is not compoundable. However, in view of the judgment of this
Court in B.S. Joshi & Ors. Vs. State of Haryana & Anr., AIR 2003 SC 1386 and
keeping in view the facts and circumstances of this case that the aforesaid complaint was
filed out of a dispute between the husband and wife, we quash the FIR. Consequently,
trial before Sessions Judge shall stand terminated.
Transfer Petition is disposed of in the above terms.