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(IP
#36
% 14.09.2011
Present: Petitioners in person with Ivir.Yogesh Swroop, Advocate. jvjs. Jasbir Kaur, APP for the respondent No.l/State along with
SI Ms. Upl<ar Kaur, P.S. Model Town(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 SI Ms. Upkar Kaur, P.S.
Model Town.
+Crl.M.A. No.l0838/2011(Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
+Crl.M.C. No.3065/2011
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR
No.421/2010 under Section 498A/406/34 IPC registered at P.S. Model
Town 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, Rohini District Courts. The settlement has been signed by them in presence of the mediator.
Petitioner No.l 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.l had agreed to pay ?6,50,000/- to
2011:DHC:12254
'¥ respondent No.2 as full and final settlement of present^past and future maintenance to respondent no.2. It is submitted that out of the settled amount, ?4,50,000/- has , already been paid to respondent No.2 and balance ?2,00,000/- is being paid today vide a demand draft bearing
No.874401 dated 27.08.2011 drawn on Karnataka Bank, Ashok Vihar branch. It is submitted that the petitioner No.l 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 petitioner 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 ?4,50,000/- and balance
^2,00,000/- is paid to her today vide a demand draft bearing No.874401 dated 27.08.2011 drawn on Karnataka Bank, Ashok Vihar branch. 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.
.
N.
#36
% 14.09.2011
Present: Petitioners in person with Ivir.Yogesh Swroop, Advocate. jvjs. Jasbir Kaur, APP for the respondent No.l/State along with
SI Ms. Upl<ar Kaur, P.S. Model Town(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 SI Ms. Upkar Kaur, P.S.
Model Town.
+Crl.M.A. No.l0838/2011(Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
+Crl.M.C. No.3065/2011
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR
No.421/2010 under Section 498A/406/34 IPC registered at P.S. Model
Town 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, Rohini District Courts. The settlement has been signed by them in presence of the mediator.
Petitioner No.l 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.l had agreed to pay ?6,50,000/- to
2011:DHC:12254
'¥ respondent No.2 as full and final settlement of present^past and future maintenance to respondent no.2. It is submitted that out of the settled amount, ?4,50,000/- has , already been paid to respondent No.2 and balance ?2,00,000/- is being paid today vide a demand draft bearing
No.874401 dated 27.08.2011 drawn on Karnataka Bank, Ashok Vihar branch. It is submitted that the petitioner No.l 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 petitioner 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 ?4,50,000/- and balance
^2,00,000/- is paid to her today vide a demand draft bearing No.874401 dated 27.08.2011 drawn on Karnataka Bank, Ashok Vihar branch. 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.
.
N.
Accordingly, the FIR No.421/2010 under Section 498A/406/34 IPC registered at P.S. Model Town and the proceedings arising out of the same are hereby quashed.
Petition stands disposed of.
(AJIT BHARIHOKE)
JUDGE
SEPTEMBER 14, 2011 pst
Petition stands disposed of.
(AJIT BHARIHOKE)
JUDGE
SEPTEMBER 14, 2011 pst
JUDGMENT