TUSHARGAUR & Ors. v. STATE & Anr.

482 Cr.P.Cj. for quashing of FIR No.245/2011 under Sections 498- A/406/34 IPG registered at P.S. Hauz Khas, New Delhi on the complaint of respondent No.2. Brie,: facts ofthe case are that the marriage between petitioner No.l and j-espondent No.2 was solemnized on 30'" October. 2009. 2015:DHC:10616 r Later on, respondent No.2 lodged a complaint against the petitioner No.l and his family members, on the basis ofwhich the aforesaid FIR was registered on I'f' July, 2011. The charge sheet was filed in the trial court on 18'^ February, 2012. The petitioners were summoned by the trial court on 16'^ August, 2012. In the meanwhile, the parties have settled their disputes amicably by virtue of Compromise dated 23'"'^ April, 2014. Copy ofthe Compromise is filed on record which is duly signed by petitioner No.l and respondent No.2. As per settlement, the petitioner No.l has deposited Rs.16,00,000/- (Rupees Sixteen Lakhs only) before the Family Court, Gautam Budh Nagar, Noida, U.P. payable to the respondent No.2 towards lifelong alimony and Stridhan. Out of Rs.16,00,000/-, a sum of Rs.8,00,000/- have already been released as per settlement. The remaining Rs.8,00,000/- is to bereleased onquashing of aforesaid FIR. The petitioner No.l and respondent No.2 are present in Court and are identified by their respective counsels. Petitioner No.2, father- in-law, petitioner No.3, mother-in-law, petitioner No.4, sister-in-law ofrespondent No.2 are not present. Respondent No.2 has no objection if the appearance of the petitioner No.2 to 4 be dispensed with, in viewof the fact that the disputes between the parties has already been resolved and the settlement is acted upon between them. She has also confirmed the settlement as well as receiving of Rs.8,00,000/- from petitioner No.l in terms thereof She has no objection if the prayer made in the petition is allowed. TheFamily Court, Gautam BudhNagar, Noida, U.P. is directed to release the remaining amount of Rs.8,00,000/- f ( immediately to respondent No.2. The petitioner has no objection if the goods lying at P.S. Hauz Khas be released to the respondent No.2. Ordered accordingly. In view of the averments made in the petition as well as the settlement arrived at between the parties, the FIR No.245/2011 under Sections 498-A/406/34 IPG registered at P.S. Hauz Khas, Delhi and other proceedings emanating therefrom are hereby quashed qua the petitioners. The petition is accordingly disposed of JANUARY 14,2015 nn

JUDGMENT