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CRL.M.C. 2102/2011
KESHAV BHARTI & ORS Petitioners
Through l^r. Saurabh, Advocate
Through l^r. Sunil Sharma, APP for the State Ms. Seema Bhartlya, Advocate for R-2
22.09.2011
ORDER
1. This is a petition for quashing of FIR no.265/2008, u/S 498A/406/34 IPG registered by P.S. Sadar Bazar in respect of which trial is pending in the Court of l^is. Geetanjali, learned Metropolitan Magistrate, Tis Hazari Courts, Dehi.
2. The ground for quashing of the aforesaid FIR is that the petitioner no.l has settled all his matrimonial disputes with the respondent no.2/Ms.Santosh @ Kareena. As a consequence of the said settlement, the parties have obtained divorce from a competent Court on 04.03.2011. It is stated that the terms of compromise were settled on 07.01.2009 by 2011:DHC:13029 )iic virtue of wliich an amount of Rs.2,75,000/- was to be paid by the petitioners to the respondent no.2/Smt. Santosh @ Kareena.
3. It has been further stated that out of the said amount, two FDRs for sum of Rs.l lac each in the name of two minor children has already been given to the complainant and the balance amount of Rs.75,000/- has been paid in cash today in the Court.
4. The learned counsel for the petitioners has also identified all the petitioners who are present in Court. The petitioners have also filed their affidavits in support of the averments made in the petition.
5. So far as the respondent no.2/Smt. Santosh @ Kareena is concerned, she is present In Court and has been identified by her counsel. She has also filed her affidavit and stated that she has no objection in case the aforesaid FIR and the consequent proceedings initiated against the present petitioners are quashed.
6. In view of the settlement, the learned APP does not have any objection to the prayer made by the parties.
7. Having regard to the aforesaid facts of the case, I feel that no useful purpose will be served by keeping the aforesaid FIR and the consequent proceedings initiated against the present petitioners,pending. Accordingly, FIR no.265/2008, u/S 498A/406/34 IPG registered by P.S. Sadar Bazar and the consequent proceedings pending in the Court of I^s. Geetanjali, learned Metropolitan Magistrate, Tis Hazari Courts, Dehi, are quashed.
8. Parties to bear their own costs. V.K. SHALI.J SEPTEMBER 22, 2011 b