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#28
% 05.10.2011
Present: Petitioners in person with Mr.B.S. Jain, Advocate.
Ms. jasbir Kaur, APP for the respondent No.1/State along with
ASI Sukhbir Singh, P.S. Rajouri Garden(IO).
Respondent no.2 in person with Ms. Deepika Tyagi, Advocate.
Petitioners as well as respondent No.2 are identified by their respective counsels as well as by 10 ASI Sukhbir Singh, P.S.
Rajouri Garden.
+Cri.M.A. No.11928/2011(Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
+Cri.M.C. No.3354/2011 l
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR
No.341!2010 under Section 498A/406/34 IPC registered at P.S. Rajouri
Garden 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 in mediation proceedings conducted at Mediation Centre, Tis Hazari Courts. The settlement has been signed by them in presence of the mediator.
Petitioner No.1 and respondent No.2 have today signed photocopy of the settlement agreement arrived at Mediation Centre annexed to the petition in token of its correctness.
It is submitted by learned counsel for the petitioners that in terms of the settlement, petitioner No.1 had agreed to pay ~6 lakhs to respondent
No.2 as full and final settlement of present past and future maintenance to respondent no.2. It is submitted that the amount of settlement has already been paid to the respondent No.2. It is submitted that the
2011:DHC:10377
.. petitioner No.1 and respondent No.2 have obtained mutual consent divorce and now there is no dispute left between the parties.
Respondent No.2 confirms that she has entered into the settlement with the petitioners of her own accord without any inducement or threat.
She submits that in terms of the settlement arrived at between her and the petitioners, she has already received ~6 lakhs vide two demand drafts.
She submits that with the receipt of this amount, now there is no dispute left. Thus, she does not want the petitioners to be prosecuted on her complaint and she has no objection if the FIR 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 and have obtained consent divorce, I feel that no useful purpose shall be served in keeping the FIR and the proceedings arising out of the same alive.
Accordingly, the FIR No.341/2010 under Section 498A/406/34 IPC registered at P.S. Rajouri Garden and the proceedings arising out of the same are hereby quashed.
Petition stands disposed of.
OCTOBER 05,2011 pst
(AJIT BH~~KE)
JUDGE
2011:DHC:10377
#28
% 05.10.2011
Present: Petitioners in person with Mr.B.S. Jain, Advocate.
Ms. jasbir Kaur, APP for the respondent No.1/State along with
ASI Sukhbir Singh, P.S. Rajouri Garden(IO).
Respondent no.2 in person with Ms. Deepika Tyagi, Advocate.
Petitioners as well as respondent No.2 are identified by their respective counsels as well as by 10 ASI Sukhbir Singh, P.S.
Rajouri Garden.
+Cri.M.A. No.11928/2011(Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
+Cri.M.C. No.3354/2011 l
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR
No.341!2010 under Section 498A/406/34 IPC registered at P.S. Rajouri
Garden 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 in mediation proceedings conducted at Mediation Centre, Tis Hazari Courts. The settlement has been signed by them in presence of the mediator.
Petitioner No.1 and respondent No.2 have today signed photocopy of the settlement agreement arrived at Mediation Centre annexed to the petition in token of its correctness.
It is submitted by learned counsel for the petitioners that in terms of the settlement, petitioner No.1 had agreed to pay ~6 lakhs to respondent
No.2 as full and final settlement of present past and future maintenance to respondent no.2. It is submitted that the amount of settlement has already been paid to the respondent No.2. It is submitted that the
2011:DHC:10377
.. petitioner No.1 and respondent No.2 have obtained mutual consent divorce and now there is no dispute left between the parties.
Respondent No.2 confirms that she has entered into the settlement with the petitioners of her own accord without any inducement or threat.
She submits that in terms of the settlement arrived at between her and the petitioners, she has already received ~6 lakhs vide two demand drafts.
She submits that with the receipt of this amount, now there is no dispute left. Thus, she does not want the petitioners to be prosecuted on her complaint and she has no objection if the FIR 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 and have obtained consent divorce, I feel that no useful purpose shall be served in keeping the FIR and the proceedings arising out of the same alive.
Accordingly, the FIR No.341/2010 under Section 498A/406/34 IPC registered at P.S. Rajouri Garden and the proceedings arising out of the same are hereby quashed.
Petition stands disposed of.
OCTOBER 05,2011 pst
(AJIT BH~~KE)
JUDGE
2011:DHC:10377
JUDGMENT