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.