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Through Mr Anil Sharma, Advocate VCTSUS STATE & ANR .... Respondent
.f, Through Mr. Navin Sharma, APP for the State
Mr. Amit Bajaj and Mr. Puneet ,(+. Bajaj, Advocate with Respondent no.2
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ORDER o/o 15.09.2011
JUDGMENT
1. This is a petition for quashing of FIR no.738/2004, u/S 4984 IPC registered by P.S. Uttam Nagar in respect of which trial is pending before the learned Metropolitan Magistrate, Tis Hazari Courts.
2. The ground for quashing of the aforesaid FIR is that the '; petitioner no.1 has arrived at compromise with respondent no.2 /Ms. Seeina Arora in pursuance to which all the matrimonial disputes have been settled. As a consequence of the said settlement, the parties have obtained divorce from a competent 2011:DHC:12554
3. Court and an amount of Rs.32 lacs was to be paid by the petitioner to the respondent no.2/complainant towards the full and final settlement of her entire claim. It has been further stated that out of the said amount, a sum of Rs.26 lacs has already been paid to the complainant at the time of grant of divorce and the balance amount of Rs.[6] lacs is paid in the Court today. The learned counsel for the petitioner has also identified the petitioner who is present in Court today. fhe petitioner has also filed his affidavit in support of the averments made in the petition. So far as the respondent no.2/complainant is concerned, she is present in Court and has been identified by her counsel. She has also filed her affidavit dated 23.B.2OIL wherein she has supported the averments made in the petition with regard to the grant of the divorce by the Competent Court on the basis of the mutual consent. She has also stateO tnafimount of Rs.32 lacs has been received by her. She has stateO that she has no objection in case the aforesaid FIR and the consequent proceedings initiated against the present petitioner are quashed. In view of the settlement, the learned APP does not have any objection to the prayer made by the parties. ia
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7. Having regard to the aforesaid facts of the case, I feel that no useful purpose will be served by keeping the criminal trial against the present petitioner pending. Accordingly, FIR no.738/2004, u/S 49BA IPC registered by P.S. Uttam Nagar and the consequent proceedings pending in the Court of learned Metropolitan Magistrate, Tis Hazari Courts are quashed. Parties to bear their own costs. v.K. SHALI,J B. t SEPTEMBER 15, 2O11 b €.. t( F-