Urvashi Chaturvedi v. Respondent No. 2

Delhi High Court · 18 Aug 2011 · 2011:DHC:10708
Ajit Bharthoke
2011:DHC:10708
criminal petition_allowed

AI Summary

The court quashed an FIR under Sections 498A, 406, and 34 IPC following an amicable Lok Adalat settlement between the parties, exercising its inherent powers under Section 482 Cr.P.C.

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Present: Petitioner in person with Ms. Nandita Rao, Advocate.
Ms. Fizani Husain, APP for the respondent No.1/State with the lnvestigating Officer ASI Dayanand, P.S. CAW Cell.
Respondent No. 2 in person.
+Crl. M.A, No. 9678/20LL( Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
Crl.M.C. 27LL|2OLL
Petitioner as well as the respondent No. 2 are identified by their counsel and the Investigating Officer ASI Dayanand, P.S.CAW Cell.
This is a petition under Section 482 Cr.P.C. moved on behalf of the complainant/petitioner Urvashi Chaturvedi seeking quashing of FIR NO. 153/2008 under Sections 498Al4OGl34 lPC registered at P.S. Desh Bandhu
.j Gupta Road on her complaint.
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Ground for seeking quashing is that the FIR is the result of matrimonial discord, which has been amicably settled in Lok Adalat and now, there is no dispute left between them.
Petitioner states that she as well as the respondent No. 2 made a statement regarding settlement in Lok Adalat, copy of which is annexed to the petition. She states that she has entered into the settlement with the respondent No. 2 of her own accord without any inducement or threat and
2011:DHC:10708
)/' all the terms and conditions of settlement are detailed in her statement made before the Lok Adalat. She further states that now, there is no dispute left between her and the respondent No.2 and therefore, she does wish the respondent No. 2 to be prosecuted on the basis of her
FIR/complaint and she has no objection if the FIR is quashed.
Learned APP appearing for the State submits that in view of the settlement arrived at between the parties, State has no objection if the t{ 'FlR and the proceedings emanating therefrom are quashed.
Since the parties have amicably settled the matter and now there is no dispute left, I feel that no useful purpose shall be served in prosecuting the respondent No.2 on the basis of FlR. Accordingly, FIR No. 153/2008 under Sections 498A1406134 IPC registered at P.S. Desh Bandhu Gupta
Road and the proceedings arising out of the same are quashed.
Parties shall be bound by their statements. n,,., Petition stands disposed of.
(AJrT BHARTHOKE)
JUDGE
AUGUST 18, 2011 akb
2011:DHC:10708
JUDGMENT