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Delhi High Court · 03 Oct 2011 · 2011:DHC:10347
Ajit Bharihoke
2011:DHC:10347
criminal petition_allowed

AI Summary

The court quashed an FIR under Sections 498A, 406, and 34 IPC on the ground of an amicable settlement between the parties to preserve matrimonial harmony.

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Present: Petitioners in person with Mr. Surender Kumar, Advocate.
Ms. jasbir Kaur, APP for the respondent No.1/State
Respondent No.2 in person with Mr. Rohin jeorge, Advocate.
JUDGMENT

10 Sl Ajay Kumar, P.S. Defence Colony is present. He identifies the petitioners as well as respondent no.2. +Cri.M.A. No.11823/2011(Exemption) Exemption allowed, subject to all just exceptions. Application stands disposed of. +Cri.M.C. No.3326/2011 This is a petition under Section 482 Cr.P.C. seeking quashing of FIR No.46/2011 under Section 498A/406/34 IPC registered at P.S. Defence Colony against the petitioners on the complaint of respondent No.2. The reason for seeking quashing is that the FIR is the result of matrimonial discord which has been amicably settled with the intervention of well wishers, family members and friends of both the parties. It is submitted that the parties have amicably resolved their disputes and now they are living happily together. Respondent No.2 confirms that she has entered into the settlement with the petitioner of her own accord without any inducement or threat and she is living with the petitioner in the matrimonial home since May,

2011. She submits that now there is no dispute left. Therefore, in order to preserve harmonious matrimonial life, she does not want any action against the petitioners on the basis of her complaint and she has no objection if the FIR is quashed. ·,•: -·· -C 2011:DHC:10347 ~ Learned Ms. jasbir Kaur, APP appearing on behalf of the State submits that in view of the compromise arrived at between the parties and in the interest of harmonious matrimonial relation between them, State has no objection if the FIR and the proceedings emanating therefrom are quashed. From the above, it is clear that the parties have amicably resolved their dispute and they are living happily together. Thus, in my view, no fruitful purpose shall be served by prosecuting the petitioners on the basis of the afore-noted FIR. Rather prosecution of the petitioners would ruin the matrimonial relationship between petitioner No.1 and respondent No.2. Accordingly, in the interest of harmonious relationship between the petitioners and respondent No.2, FIR No.46/2011 under Section 498A/406/34 IPC registered at P.S. Defence Colony and the proceedings arising out of the same are hereby quashed. Petition stands disposed of.

OCTOBER 03,2011 pst ~I (AJIT BHARIHOKE} JUDGE.< ~- -- ·~,, ·,•, ~C