V.K. Bali, J.
1. This order shall dispose of two connected Crl. Misc. Nos. 11151M/1993 and 5324M of 1995. Whereas, Crl. Misc. No. 11151M of 1993 has been filed by Dr. Harmesh Bajajhusband of Nisha Sahi for quashing the proceedings arising from a complaint instituted by respondent wife under Sections 452/323 read with Section 34 of the Indian Penal Code, Crl. Misc. No. 5324M of 1995 has been filed by Harmesh Bajaj and another for quashing of FIR lodged by process server under Section 307 IPC.
2. During the pendency of these petitions, insofar as husband and wife and their relations are concerned, they have reconciled their disputes and have compromised the matter. It requires to be mentioned here that husband Harmesh Bajaj had filed a petition for divorce which was pending in the Court of Addl. District Judge, Jalandhar, vide separate orders passed by this Court dated 14.2.1995 it stands transferred to this Court.
3. Broad consensus between the parties is that the marriage is to be annulled by decree of divorce under Section 13B of the Hindu Marriage Act as also that insofar as it may be possible, all civil and criminal cases pending between the parties against each other and their relations may be dismissed as having been withdrawn.
4. After hearing learned counsel for the parties and also hearing the parties in person, the Court is of the considered view that a genuine compromise has been arrived at between the parties. Vide separate orders today, the marriage between the parties has been dissolved by decree of divorce under Section 13B of the Act and all civil and criminal cases between the parties and their relations would stand dismissed as withdrawn.
5. As a matter of clarification, it is mentioned that insofar as the case against Harmesh Bajaj and his brother under Section 307 IPC is concerned, the same shall not stand dismissed as withdrawn. However, after hearing learned counsel for the parties, this Court is convinced that no case under Section 307 IPC is made out as the injury is said to have been caused by a surgical blade on the car of the process server and that was declared to be simple by the doctor.
Both these petitions are disposed of accordingly.
