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#3 o/o L9.09.2011
Present: Petitioners in person with Mr.Amit Singh, Advocate.
Ms. Jasbir Kaur, APP for the respondent/State along with S.l. Ram
Niwas, CAW Cell, North-East.
Respondent No,2 in person with Mr.Ved Pal Singh, Advocate.
+Crl.M.C. No.934/20LL
, Petitioners as well as respondent No.2 are identified by their respective counsels and the Investigating Officer S.l. Ram Niwas, CAW Cell, North-East.
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR
No.2B1l2007 under Section 498A1406/34 IPC and Section 3 & 4 of Dowry
Prohibition Act registered at P.S. Dilshad Garden, North-East, Delhi against the petitioners on the complaint of respondent No.2.
It is submitted on behalf of the petitioners that the FIR in question is the result of matrimonial discord which has been amicably settled and now there is no dispute left. Learned counsel for the petitioners submits that a joint statement of petitioner No.1 and respondent No.2 in this regard was made by the parties in the court of learned A.D.J.(HMA), Karkardooma Courts, Delhi. Copy of the said statement is placed on record. lt is submitted that since the parties have resolved their dispute amicably, no fruitful purpose shall be served in prosecuting the petitioners on the basis of the instant FlR. f
2011:DHC:12632 dTr
-tt) a
It is further submitted that in terms of the settlement, petitioners have agreed to pay { 1,25,000/- to respondent No.2 in full and final settlement of her claim, out of which, < 75,000/- have already been paid and balance (
50,000/- is being paid today to her. Thus, in view of the settlement arrived at between the parties, it is urged that the FIR and the consequent proceedings be quashed.
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 pursuant to the settlement, she has already received t75,000/- and balance {50,000/-, she has received today vide a demand draft bearing No. 061258 dated 13.09.2011 drawn on Bank of Baroda, Sector 5, Faridabad. She submits that with the receipt of this amount, now there is no dispute left, thus, she does not wish the petitioners to be prosecuted on the basis of 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 now there is no dispute left between them, I feel that no useful purpose shall be served in prosecuting the petitioners on the basis of present FlR. Accordingly, FIR NO. 2BL]2OO7 under Section 498A1406134 IPC and Section 3 & 4 under Section
I a-
{
Dowry prohibition Act registered at P.S. Dilshad Garden and the proceedings arising out of the same are hereby quashed.
Petition stands disPosed of.
It is clarified that the settlement arrived at between the parties shall not affect the rights of minor child Shiv to claim maintenance from either of the parents or inheritance in the property of either of the parents.
SEPTEMBER L9, 2OLr.
KS
\./
. QNy'
\-/-
(AJrr BHARIHoKE)
JUDGE
"!'
#3 o/o L9.09.2011
Present: Petitioners in person with Mr.Amit Singh, Advocate.
Ms. Jasbir Kaur, APP for the respondent/State along with S.l. Ram
Niwas, CAW Cell, North-East.
Respondent No,2 in person with Mr.Ved Pal Singh, Advocate.
+Crl.M.C. No.934/20LL
, Petitioners as well as respondent No.2 are identified by their respective counsels and the Investigating Officer S.l. Ram Niwas, CAW Cell, North-East.
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR
No.2B1l2007 under Section 498A1406/34 IPC and Section 3 & 4 of Dowry
Prohibition Act registered at P.S. Dilshad Garden, North-East, Delhi against the petitioners on the complaint of respondent No.2.
It is submitted on behalf of the petitioners that the FIR in question is the result of matrimonial discord which has been amicably settled and now there is no dispute left. Learned counsel for the petitioners submits that a joint statement of petitioner No.1 and respondent No.2 in this regard was made by the parties in the court of learned A.D.J.(HMA), Karkardooma Courts, Delhi. Copy of the said statement is placed on record. lt is submitted that since the parties have resolved their dispute amicably, no fruitful purpose shall be served in prosecuting the petitioners on the basis of the instant FlR. f
2011:DHC:12632 dTr
-tt) a
It is further submitted that in terms of the settlement, petitioners have agreed to pay { 1,25,000/- to respondent No.2 in full and final settlement of her claim, out of which, < 75,000/- have already been paid and balance (
50,000/- is being paid today to her. Thus, in view of the settlement arrived at between the parties, it is urged that the FIR and the consequent proceedings be quashed.
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 pursuant to the settlement, she has already received t75,000/- and balance {50,000/-, she has received today vide a demand draft bearing No. 061258 dated 13.09.2011 drawn on Bank of Baroda, Sector 5, Faridabad. She submits that with the receipt of this amount, now there is no dispute left, thus, she does not wish the petitioners to be prosecuted on the basis of 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 now there is no dispute left between them, I feel that no useful purpose shall be served in prosecuting the petitioners on the basis of present FlR. Accordingly, FIR NO. 2BL]2OO7 under Section 498A1406134 IPC and Section 3 & 4 under Section
I a-
{
Dowry prohibition Act registered at P.S. Dilshad Garden and the proceedings arising out of the same are hereby quashed.
Petition stands disPosed of.
It is clarified that the settlement arrived at between the parties shall not affect the rights of minor child Shiv to claim maintenance from either of the parents or inheritance in the property of either of the parents.
SEPTEMBER L9, 2OLr.
KS
\./
. QNy'
\-/-
(AJrr BHARIHoKE)
JUDGE
"!'
JUDGMENT