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'#37
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Present; ' Petitioners in person witli Mr. Rama Shanl<ar, Advocate.
Ms. Jasbir Kaur, APP for tlie respondent No.l/State along with
SI Ram Niwas, P.S. CWC, North East, the Investigating Officer.
Respondent No. 2 in person.
+Crl.M.A.No. 9208/2011(Exemption) , Exemption allowed, subject to all just exceptions.
Application stands disposed of.
CrI.M.C. 2573/2011
Petitioners as well as the . respondent No. 2 are identified by their counsel and the Investigating Officer SI Ram Niwas, P.S. CWC, North East.
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR NO. 202/2010 under Sections 498A/406/34 IPC registered at P.S. New Usmanpur on the complaint of the respondent No.2.
It is submitted that the FIR is the result of matrimonial discord between the petitioners and the respondent No.2, which has been amicably settled and now, there is no dispute left. Learned counsel for the petitioners submits that on SO''^ September, 2010, parties arrived at a written settlement agreement in the mediation proceedings conducted at Delhi High Court
Mediation & Conciliation Centre, which was signed by the respondent No.2 and the petitioner No.l. Pursuant to the said settlement, parties have obtained consent divorce and a sum of Rs. 5 lakhs has already been paid to the respondent No.2 in instalments. Today, the remaining sum of Rs. 1 lakh is being paid to the respondent No.2. Learned counsel submits that with the aforesaid payment, now, there is no dispute left between the parties, therefore, it would be futile to prosecute the petitioners on the complaint of the respondent No.2.
2011:DHC:8931
Respondent No. 2 confirms that she has entered into the settlement with the petitioners of her own accord without any inducement or threat. She states that,: petitioners were required to pay her a sum of Rs. 6 lakhs for her claims-past, present and future regarding maintenance, alimony, dowry articles etc. and as per the settlement, she has already received a sum of Rs.
5 lakhs and balance Rs. 1 lakh, she has received today vide three bank drafts bearing Nos. 344430, 344431 & 344432, all dated August, 2011 respectively for Rs. 40,000/-, 40,000/- & Rs. 20,000/- from the petitioners.
Respondent No. 2 further submits that now, there is no dispute left between her and the petitioners and therefore, she does not wish the petitioners tp be prosecuted on the basis of her complaint/FIR and she has no objection if the
FIR is quashed.
Learned APR appearing for the State submits that in view of the settlement arrived at between the parties, State has no objection if the FIR and the prpceedings emanating therefrom are quashed. I
Since the parties have amicably settled the matter and now there is no dispute left, I feel that no fruitful purpose shall be served in prosecuting the petitioners on the basis of FIR. Accordingly, FIR No. 202/2010 under Sections
498A/406/34 IPC registered at P.S. New Usmanpur and the proceedings arising out of the same are quashed.
Petition stands disposed of.
(AJIT BHARIHOKE)
JUDGE
AUGUST 08, 2011 akb !'
2011:DHC:8931
%
'#37
% 08.08.2011
Present; ' Petitioners in person witli Mr. Rama Shanl<ar, Advocate.
Ms. Jasbir Kaur, APP for tlie respondent No.l/State along with
SI Ram Niwas, P.S. CWC, North East, the Investigating Officer.
Respondent No. 2 in person.
+Crl.M.A.No. 9208/2011(Exemption) , Exemption allowed, subject to all just exceptions.
Application stands disposed of.
CrI.M.C. 2573/2011
Petitioners as well as the . respondent No. 2 are identified by their counsel and the Investigating Officer SI Ram Niwas, P.S. CWC, North East.
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR NO. 202/2010 under Sections 498A/406/34 IPC registered at P.S. New Usmanpur on the complaint of the respondent No.2.
It is submitted that the FIR is the result of matrimonial discord between the petitioners and the respondent No.2, which has been amicably settled and now, there is no dispute left. Learned counsel for the petitioners submits that on SO''^ September, 2010, parties arrived at a written settlement agreement in the mediation proceedings conducted at Delhi High Court
Mediation & Conciliation Centre, which was signed by the respondent No.2 and the petitioner No.l. Pursuant to the said settlement, parties have obtained consent divorce and a sum of Rs. 5 lakhs has already been paid to the respondent No.2 in instalments. Today, the remaining sum of Rs. 1 lakh is being paid to the respondent No.2. Learned counsel submits that with the aforesaid payment, now, there is no dispute left between the parties, therefore, it would be futile to prosecute the petitioners on the complaint of the respondent No.2.
2011:DHC:8931
Respondent No. 2 confirms that she has entered into the settlement with the petitioners of her own accord without any inducement or threat. She states that,: petitioners were required to pay her a sum of Rs. 6 lakhs for her claims-past, present and future regarding maintenance, alimony, dowry articles etc. and as per the settlement, she has already received a sum of Rs.
5 lakhs and balance Rs. 1 lakh, she has received today vide three bank drafts bearing Nos. 344430, 344431 & 344432, all dated August, 2011 respectively for Rs. 40,000/-, 40,000/- & Rs. 20,000/- from the petitioners.
Respondent No. 2 further submits that now, there is no dispute left between her and the petitioners and therefore, she does not wish the petitioners tp be prosecuted on the basis of her complaint/FIR and she has no objection if the
FIR is quashed.
Learned APR appearing for the State submits that in view of the settlement arrived at between the parties, State has no objection if the FIR and the prpceedings emanating therefrom are quashed. I
Since the parties have amicably settled the matter and now there is no dispute left, I feel that no fruitful purpose shall be served in prosecuting the petitioners on the basis of FIR. Accordingly, FIR No. 202/2010 under Sections
498A/406/34 IPC registered at P.S. New Usmanpur and the proceedings arising out of the same are quashed.
Petition stands disposed of.
(AJIT BHARIHOKE)
JUDGE
AUGUST 08, 2011 akb !'
2011:DHC:8931
JUDGMENT