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Delhi High Court · 21 Sep 2011 · 2011:DHC:13051
Ajit Bharihoke
Cri.M.C. No.3155/2011
2011:DHC:13051
criminal petition_allowed

AI Summary

The High Court quashed an FIR under Sections 365, 498A, and 34 IPC on the ground of amicable settlement and reconciliation between the parties in a matrimonial dispute.

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% 21.09.2011
Present: Petitioners No.1 & 2 in person with Ms. lsha Khanna, Advocate on behalf of all the petitioners.
JUDGMENT

51 Girish, P.S. New Usman Pur(IO) with Ms. jasbir Kaur, APP. Petitioners No.1 & 2 are identified by their counsel as well as 10 51 Girish, P.S. New Usman Pur. +Cri.M.C. No.3155/2011 This is a joint petition under Section 482 Cr.P.C. seeking quashing of FIR No.33/2005 under Section 365/498A/34 IPC registered at P.S. Usman Pur against the petitioners on the complaint of petitioner No.2. The reason for seeking quashing is that amicable settlement has been arrived at between the parties. It is submitted on behalf of the petitioners that the FIR No.33/2005 P.S. Usman Pur is the result of matrimonial discord between the petitioners and it has been amicably resolved with the help of well-wishers and respected members of the society. It is submitted that after the filing of FIR, the parties have been living together for the last more than six years and now there is no cause for any dispute. Learned counsel for the petitioners submits that since the parties have settled the matter and are happily living together, no purpose shall be served by prosecuting the petitioners No.1, 3 & 4 on the basis of the FIR registered on the complaint of petitioner No.2 and instead it would be counter-productive to the matrimonial relations of petitioner No.1 & 2. Thus, learned counsel for the petitioners has strongly urged for quashing of the FIR. Petitioner No.2 Ms. Nidhi confirms that she has amicably settled the matter with the petitioners and she has been happily living with the '.. - '! r---..~ 2011:DHC:13051 petitioners No.1, 3 & 4 since few days after the registration of the FIR. She further submits that settlement agreement was reduced into writing and thumb marked by her as well as petitioner No.1 Ramesh Kumar and it is placed on record. She confirms that she has thumb marked the settlement agreement placed on record after understanding the contents of the agreement without any inducement or threat. Petitioner No.2 submits that now there is no dispute left and she does not want the other ~ petitioners to be prosecuted on the basis of FIR 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 settlement 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. Since the parties have amicably settled the matter and they are living happily together, in the interest of harmonious matrimonial relation between the parties, 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.33/2005 under Section 365/498A/34 IPC registered at P.S. Usman Pur and the proceedings arising out of the same are hereby quashed. Petition stands disposed of.

SEPTEMBER 21, 2011 ~ (AJIT BHARIHOKE) JUDGE (),./ --~'-' ~~-'