Raj Kumar & Ors. v. State & Anr.

1. This is a petition filed by the petitioners, who are four in number, for quashing of FIR no.181/2007, u/S 498A/406/34 IPC registered by P.S. Gulabi Bagh/Pratap Bagh, in respect of which trial is pending before the learned MM, Tis Hazari Courts, Delhi.

2. The ground for quashing of the aforesaid FIR is that Rajkumar, petitioner no.1 has settled all his matrimonial disputes with Smt. Bimlesh/respondent no.2. As a consequence of this, a decree of divorce was passed on 15.3.2011 by a competent Court, copy of which is placed on record.

3. It has already been stated in the said decree of divorce that the Cri.M.C. 3283/2011 2011:DHC:10293 '-Z----petitioner no.l will pay a total sum of ~4 lacs to the respondent no.2/complainant towards full and final settlement of all her claims and the claims of her minor daughter Baby Shinu.

4. The petition is supported by the affidavit of only petitioner no.l, while as petitioner nos.[2] to 4 are present in Court. All the four petitioners are identified by the learned counsel for the petitioners.

5. The respondent no.2/complainant is present and identified by ASI, Md.Kaleem. On inquiry, she has stated that she has no objection to the quashing of the aforesaid FIR. She has also admitted that she has received an amount of ~4 lacs towards full and final settlement of her entire claim. Affidavit in this regard has already been filed which is placed at page 30-31 of the paper book.

6. The learned APP has raised an objection to the quashing of the aforesaid FIR in the light of the settlement purported to have been arrived at between the parties on the ground that the said settlement shall not foreclose the rights of the minor child from claiming maintenance or such other rights which she may be entitled in law, once she attains the age of majority. ' ':l', '' l ~- ?J r

7. It is contended that the child is minor and~heattains the age of majority, she will be well within her rights to file a petition for her maintenance or any other relief to which she may be entitled in law.

8. The learned counsel for the petitioners has very fairly stated that so far as the minor girl Baby Shinu, is concerned, she will have all her rights qua the present petitioner no.l, once she attains the age of majority.

9. In the light of the statement made by the learned counsel for the petitioners, I feel that the aforesaid FIR and the consequent proceedings which are pending be quashed as the entire matrimonial dispute between the petitioner no.l and the respondent no.2 has been settled. The petitioner no.l has also conceded that an amount of ~4 lacs which was received by the respondent no.2/complainant will not foreclose the rights of Baby Shinu, minor daughter of the petitioner no.l and respondent no.2, once she attains the age of majority.

10. Subject to the aforesaid condition, FIR no.181/2007, u/S 498A/406/34 IPC registered by P.S. Gulabi Bagh/Pratap Bagh and the consequent proceedings are quashed.

11. Parties to bear their own costs. r· V.K. SHALI,J SEPTEMBER 29, 2011