Vaibhav Nagar v. State

1. Vide FtR No.341/2008 dated 28.09.2008 a case under Section 498A1406134 Indian Penal Code, 1860 was registered against petitioner No.1, the husband and petitioner Nos.[2] to 5, his relatives on-the complaint of respondent No.2 at police station Uttam Nagar. ' 2, Learned APP submits that the charge-sheet has not been filed yet. t 3. Learned counsel for the petitioners submits that respondent No.2 has settled the dispute qua the aforesaid FIR and all other issues vide the settlement dated 02.01.2009 arrived at between the parties before Mediation Centre, Tis Hazari Courts, Delhi.

4. Further submits that towards the aforesaid settlement, the cRL.M.C. 2688/20L[1] 2011:DHC:10759.€i decree of divorce under section 13-B (2) of HM Act 1955 has atready been passed vide decree dated 16.04.2010.

5. Learned counsel for the petitioners has drawn the attention of this Court, towards the settlement dated 02'01'2009' As per the settlement, the petitioner No.l, had agreed to payTl'00 lac to the respondent/complainant and his child namely Vinayak, aged about 01 year 08 months, against - past, present and future maintenance, alimony and compensation of the remaining istridhanldowry articles, if any left with the petitioners'

6. Further submits that out of the total amount of T 1.00 lac; part payment of T 80,000/- has already been made at the time of decree of divorce by mutual consent. cash amount of T 20,000/has been brought by him in the court and same has been handed over to the respondent No.2/complainant which she has checked and accePted.

7. In para No.V of the settlement it is stated that the amount of T 20,000/- shall be converted into FDR in the name of her son Vinayak. Additionally, on receipt of the aforesaid amount, the complainant shall co-operate with the petitioners/ accused persons for quashing the FIR No.341/2008 under section 49BAl 406134 Indian Penal code, 1860 registered at police station Uttam Nagar and also execute the documents in this regard, if so required

8. Learned counsel for petitioners, on instructions from SRLM.C. 2688/20L[7] -(. a petitioners, state that the petitioner No.1 has not pressed for visitation rights to his son at that stage. Same is evident from the settlement dated 02.01.2009 arrived at between the parties before Mediation Centre' g. Learned counsel for petitioners further submits that the items of the istridhan were handed over to the respondent No'2 at police station Uttam Nagar on 14.01.2009' The list of the same is on the record at page No.52. Thereafter, some items of istridhan were also handed over on 15.01.2009 to the respondent.

10. Respondent No.2/cbmplainant is personally present in the Court and she has been duly identified by her counsel Ms.Sakshi Duggal, Advocate and by lO ASI Zile Singh, police station Uttam Nagar as well.

11. Respondent No.2 further submits that balance amount of T20,000/- has already been received by her today in the court.

12. She further has submitted that her marriage with petitioner No.1 had already been dissolved vide decree of mutual consent divorce dated 16.04.2010. She submits that she has no objection, if the present FIR is quashed.

13. Learned APP for the state submits that in the present case, - CRL.M.C. 2688/20L[1] the government machinerY has Court also consumed, therefore, to costs, which may be utilized women. been used and the time of the this FIR may be quashed subject for the welfare of the destitute

14. Keeping the aforesaid circumstances into view and the fact that the marriage between the parties has. been dissolved and as per the settlement, respondent No.2 has received the amount, moreso, the respondent No,2/complainant does not wish to pursue her complaint further, therefore, in the interest of justice, I quash the FtR No.34:^l20O[8] under Section 498A1406134 Indian Penal Code, 1860 at police station Uttam Nagar and the S proceedings emanating therefrom.

15. Though, the government machinery has been used, however, keeping the financial position of the petitioners into view, I defer in imposing any costs upon the petitioners'

16. In view of above, Criminal M.C. No.2688120L]- is allowed.