Jitender Kapoor & Ors v. State & Anr

1. The petitioners are seeking quashing of FIR No.59/09, P.S. Patel Nagar under Sections 323/452/506/34 IPG and FIR y 2013:DHC:7398 No.101/12, P.S. Patel Nagar under Sections 498A/406/34 IPG on the ground that they have settled the matter with respondent no.2.

2. The terms of the settlement are contained in the memorandum of understanding dated 5"^ September, 2012 placed on record as Annexure P-2 in Crl.M.C.No.3177/2013. As per the said settlement, petitioner no.l and respondent no.2 agreed to dissolved their marriage by mutual consent and petitioner no.l agreed to pay Rs.20,00,000/- to respondent no.2.

3. All the parties are present in Gourt and they confirm the memorandum of understanding dated September, 2012. The marriage between the parties has been dissolved by mutual consent by adecree ofdivorce dated 21^' May, 2013 copy whereofhas been placed on record as Annexure P-3.

4. The learned counsel for the petitioners submit that the petitioners have made the payment ofRs.20,20,000/- to respondent no.2. Respondent no.2 present in Court confirms the receipt of Rs.20,20,000/- from the petitioners and has no objection to the quashing oftheFIRs.

5. The learned APP for the State has no objection to the quashing ofthe FIRs in question.

6. This Court is satisfied that it is in the interest ofjustice and to maintain the peace in the society that the FIRs in question be quashed.

7. The petitions are allowed and FIR No.59/09, P.S. Patel Nagar under Sections 323/452/506/34 IPG and FIR No.101/12, P.S. Patel Nagar under Sections 498A/406/34 IPG are hereby quashed.

8. The pending appHcation stands disposed of.

9. Dasti.

AUGUST 07, 2013 aj J.R. MIDHA, J