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7---- ..,,...
/_------
#1
% 05.10.2011
Present: Petitioners in person with Mr.Khushbir Singh, Advocate.
Ms. Fizani Husain, APP for the respondent No.1/State along with 51 Rajvir Singh, COW/Crime Branch (10).
Respondent no.2 in person with Mr.Rajat Gulati, Advocate.
Petitioners .as well as respondent No.2 are identified by their respective counsels as well as by 10 51 Rajvir Singh, EOW/
Crime Branch.
+Cri.M.C. No.2465/2011
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR
No.814/2007 under Sections 498A/406/34 IPC registered at P.S. Uttam
Nagar against the petitioners on the complaint of respondent No.2.
It is submitted by learned counsel for the petitioners that FIR is the result of matrimonial discord between the parties which has been amicably settled and now there is no dispute left. Learned counsel submits that the settlement arrived at between the parties was recorded in the court of Metropolitan Magistrate dealing with the application under
Section 125 Cr.P.C. filed by respondent No.2. As per the settlement, parties had agreed to obtain consent divorce and the petitioners had agreed to pay ~2,50,000/- to respondent No.2 in full and final settlement of her claini of stridhan and maintenance, present, past and future. Out of the said agreed amount, ~2 lakhs have already been paid and balance
~50,000/- is being paid vide two bank drafts bearing Nos.462143 and
462144 for ~25,000/- each both dated 30.05.2011 drawn on Punjab
2011:DHC:10184
)
National Bank, New Rajender Nagar branch. It is submitted by learned counsel for the petitioners that since parties have arrived at an amicable settlement, no purpose shall be served by prosecuting the petitioners on the complaint of respondent No.2. Thus, it is urged for quashing of FIR.
Respondent No.2 who is identified by the 10 as well as her counsel has verified the settlement arrived at by her with the petitioners. She has filed an affidavit and she submits that she has entered into the settlement of her own accord without any inducement or threat. Respondent No.2 confirms that pursuant to the settlement, she has obtained consent divorce from petitioner No.1 and she has already received ~2 lakhs. She further submits that balance ~50,000/- has been received by here today in the form of two bank drafts noted above and now there is no dispute left between her and the petitioners. Respondent No.2 submits that in view of the settlement, she does not wish the petitioners to be prosecuted on her
FIR and she has no objection if the FIR is quashed.
-~
Learned Ms. Fizani Husain, 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 and have obtained consent divorce, 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.814/2007 under Sections 498A/406/34 IPC
F
,.
-~~
,;..
~ registered at P.S. Uttam Nagar and the proceedings arising out of the same are hereby quashed.
Petition stands disposed of.
Order Dasti.
OCTOBER 05,2011 pst
~
(AJIT BHARIHOKE)
JUDGE
7---- ..,,...
/_------
#1
% 05.10.2011
Present: Petitioners in person with Mr.Khushbir Singh, Advocate.
Ms. Fizani Husain, APP for the respondent No.1/State along with 51 Rajvir Singh, COW/Crime Branch (10).
Respondent no.2 in person with Mr.Rajat Gulati, Advocate.
Petitioners .as well as respondent No.2 are identified by their respective counsels as well as by 10 51 Rajvir Singh, EOW/
Crime Branch.
+Cri.M.C. No.2465/2011
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR
No.814/2007 under Sections 498A/406/34 IPC registered at P.S. Uttam
Nagar against the petitioners on the complaint of respondent No.2.
It is submitted by learned counsel for the petitioners that FIR is the result of matrimonial discord between the parties which has been amicably settled and now there is no dispute left. Learned counsel submits that the settlement arrived at between the parties was recorded in the court of Metropolitan Magistrate dealing with the application under
Section 125 Cr.P.C. filed by respondent No.2. As per the settlement, parties had agreed to obtain consent divorce and the petitioners had agreed to pay ~2,50,000/- to respondent No.2 in full and final settlement of her claini of stridhan and maintenance, present, past and future. Out of the said agreed amount, ~2 lakhs have already been paid and balance
~50,000/- is being paid vide two bank drafts bearing Nos.462143 and
462144 for ~25,000/- each both dated 30.05.2011 drawn on Punjab
2011:DHC:10184
)
National Bank, New Rajender Nagar branch. It is submitted by learned counsel for the petitioners that since parties have arrived at an amicable settlement, no purpose shall be served by prosecuting the petitioners on the complaint of respondent No.2. Thus, it is urged for quashing of FIR.
Respondent No.2 who is identified by the 10 as well as her counsel has verified the settlement arrived at by her with the petitioners. She has filed an affidavit and she submits that she has entered into the settlement of her own accord without any inducement or threat. Respondent No.2 confirms that pursuant to the settlement, she has obtained consent divorce from petitioner No.1 and she has already received ~2 lakhs. She further submits that balance ~50,000/- has been received by here today in the form of two bank drafts noted above and now there is no dispute left between her and the petitioners. Respondent No.2 submits that in view of the settlement, she does not wish the petitioners to be prosecuted on her
FIR and she has no objection if the FIR is quashed.
-~
Learned Ms. Fizani Husain, 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 and have obtained consent divorce, 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.814/2007 under Sections 498A/406/34 IPC
F
,.
-~~
,;..
~ registered at P.S. Uttam Nagar and the proceedings arising out of the same are hereby quashed.
Petition stands disposed of.
Order Dasti.
OCTOBER 05,2011 pst
~
(AJIT BHARIHOKE)
JUDGE
JUDGMENT