IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL C-482 No. 483 of 2007 Virendra Bhandari & another - Petitioners Vs. State of Uttarakhand & another - Respondents. Mr. Ramji Srivastava, Advocate for the petitioners Mr. Sudhir Kumar, Brief Holder for the State Mr. D.C.S. Rawat, Advocate for the respondent no.2 Hon’ble V.K. Gupta, C.J. A petition was jointly filed by the petitioner no.2 and respondent no.2 under Section 13 B Hindu Marriage Act for divorce, based on mutual consent. In that petition it was clearly averred by the parties that the parties would have no claim against each other with respect to any property or maintenance etc. Statements to that effect of respondent no.2 and petitioner no.2 were also recorded in the Court. It was on the basis of the aforesaid petition as well as the aforesaid statements that the divorce decree was granted by the Court. Despite the aforesaid, the respondent no.2 filed a complaint under Section 406 read with 420 I.P.C. against the petitioners. In this petition filed under Section 482 Cr.P.C., the aforesaid complaint and the proceedings arising there from have been challenged. After hearing the arguments of learned counsel for the parties, I quash and set aside the complaint and all the proceedings arising therefrom on two grounds; first and foremost, the complaint does not disclose the commission of any offence by the petitioners and secondly because of the aforesaid Section 13 B petition and the statements recorded in that petition, indeed respondent no.2 had no claim with respect to any property or maintenance against the petitioners. Petition is allowed. ( V.K.Gupta,C.J.) 04.07.08 JPT