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#38
% 10.08.2011
Present: Petitioners in person with Ms. Neelam, Advocate.
Ms. Jasbir Kaur, APP for the respondent No.l/State along with SI
Narender Kumar, P.S. New Ashok Nagar, the Investigating
Officer.
Respondent No. 2 in person with Ms. Ritu Negi, Advocate.
+Crl.M.A.No. 9364/2011(Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
CrI.M.C. 2621/2011
Petitioners as well as the respondent No. 2 are identified by their respective counsels and the Investigating Officer SI Narender Kumar, P.S.
New Ashok Nagar.
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR
No.335/2010 under Sections 498A/406/34 IPC registered at P.S. New Ashok
Nagar on the complaint of the respondent No.2.
Ground for seeking quashing is that FIR is the result of matrimonial discord between the parties, which has now been amicably settled during
^ mediation proceedings conducted at Delhi Mediation Centre, Karkardooma.
Copy of the compromise deed duly signed by the parties is annexed to the petition as Annexure P-2.
It is submitted by learned counsel for the petitioners that the parties have amicably settled the matter during mediation proceedings and as per the terms of settlement, petitioners, have already paid a sum of? 5,50,000/- to the respondent No. 2 in full and final settlement of her claim for maintenance, permanent alimony etc. It is submitted that it would be futile.
\
2011:DHC:8982 to prosecute the petitioners on the basis of instant FIR in view of the amicable settlement arrived at between the parties.
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 consent divorce petition has been filed, second motion application has been moved in court and divorce is likely to be granted. As per the settlement, she has already received the entire settlement amount of t
5,50,000/- from the petitioners towards her claims. Respondent No. 2 further
^ states that now, there is no dispute left between her and the petitioners and therefore, she does not wish the petitioners 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 FIR 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 petitioners on the basis of FIR. Accordingly, FIR No. 335/2010 under Sections
<-# 49SA/406/34 IPC registered at P.S. New Ashok Nagar and the proceedings arising out of the same are quashed.
Petition stands disposed of.
Order dasti.
(AJIT BHARIHOKE)
JUDGE
AUGUST 10, 2011 akb
2011:DHC:8982
% 10.08.2011
Present: Petitioners in person with Ms. Neelam, Advocate.
Ms. Jasbir Kaur, APP for the respondent No.l/State along with SI
Narender Kumar, P.S. New Ashok Nagar, the Investigating
Officer.
Respondent No. 2 in person with Ms. Ritu Negi, Advocate.
+Crl.M.A.No. 9364/2011(Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
CrI.M.C. 2621/2011
Petitioners as well as the respondent No. 2 are identified by their respective counsels and the Investigating Officer SI Narender Kumar, P.S.
New Ashok Nagar.
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR
No.335/2010 under Sections 498A/406/34 IPC registered at P.S. New Ashok
Nagar on the complaint of the respondent No.2.
Ground for seeking quashing is that FIR is the result of matrimonial discord between the parties, which has now been amicably settled during
^ mediation proceedings conducted at Delhi Mediation Centre, Karkardooma.
Copy of the compromise deed duly signed by the parties is annexed to the petition as Annexure P-2.
It is submitted by learned counsel for the petitioners that the parties have amicably settled the matter during mediation proceedings and as per the terms of settlement, petitioners, have already paid a sum of? 5,50,000/- to the respondent No. 2 in full and final settlement of her claim for maintenance, permanent alimony etc. It is submitted that it would be futile.
\
2011:DHC:8982 to prosecute the petitioners on the basis of instant FIR in view of the amicable settlement arrived at between the parties.
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 consent divorce petition has been filed, second motion application has been moved in court and divorce is likely to be granted. As per the settlement, she has already received the entire settlement amount of t
5,50,000/- from the petitioners towards her claims. Respondent No. 2 further
^ states that now, there is no dispute left between her and the petitioners and therefore, she does not wish the petitioners 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 FIR 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 petitioners on the basis of FIR. Accordingly, FIR No. 335/2010 under Sections
<-# 49SA/406/34 IPC registered at P.S. New Ashok Nagar and the proceedings arising out of the same are quashed.
Petition stands disposed of.
Order dasti.
(AJIT BHARIHOKE)
JUDGE
AUGUST 10, 2011 akb
2011:DHC:8982
JUDGMENT