Full Text
% 14.10.2011
Present: Petitioner in person with Mr. Kumar Gaurav, Advocate & Mr. Vivek Sharma, Advocate.
JUDGMENT
51 Vishesh Khokhar, 10 P.S. Shakar Pur along with Ms. jasbir Kaur, APP. Respondent No.2 in person. Petitioner as well as respondent No.2 are identified by the 10 51 Vishesh Khokhar, P.S. Shakar Pur. +Cri.M.C. No.2891/2011 This is a petition under Section 482 Cr.P.C. seeking quashing of FIR No.255/2000 under Section 498A/406/34 IPC registered at P.S. Shakar Pur against the petitioner on the complaint of respondent No.2 on the ground of amicable settlement between the parties. The FIR was registered against three persons, namely, Parveen Kumar Sharma, Vidyawati and the petitioner. It is submitted by learned Prosecutor, on instruction from the 10, that Parveen Kumar and Vidyawati have since expired on 30.06.2004 and 30.07.2001 respectively. It is submitted on behalf of the petitioner that the FIR registered against her is the result of matrimonial discord between the respondent No.2 and her husband Parveen Kumar Sharma. It is submitted that after the registration of the case, parties have arrived at an amicable settlement on 28.05.2011 vide a written memorandum of understanding duly signed by the petitioner as well as respondent No.2. It is submitted that now there is no dispute left between the parties, as such no purpose shall be served by prosecuting the petitioner for the offence under Section 498A/406/34 IPC on the basis of FIR against her. Thus, learned counsel for the petitioner urged for quashing of the FIR. ________________________, _____-·····--- 2011:DHC:10242 Respondent No.2, who is identified by the 10, confirms that she has amicably settled the matter in dispute with the petitioner and now there is no dispute left. She submits that she has compromised the matter with the petitioner and she does not wish the petitioner to be prosecuted on the basis of her complaint. She further submits that she has no objection if the FIR registered on the basis of her complaint is quashed. Learned Ms. jasbir Kaur, APP appearing on behalf of the State submits that in view of the compromise arrived at between the parties, State has no objection if the FIR and the proceedings emanating therefrom are quashed. Since the parties have amicably settled the matter, I feel that no fruitful purpose shall be served in keeping the FIR and the proceedings arising out of the same alive. Accordingly, the FIR No.255/2000 under Section 498A/406/34 IPC registered at P.S. Shakar Pur and the proceedings arising out of the same are hereby quashed. Petition stands disposed of.
OCTOBER 14, 2011 ~~
(AJIT BHARIHOKE) JUDGE