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% 04.08.2011
Present: Petitioners in person with Mr. R.S.Malhan, Advocate.
Ms. Jasbir Kaur, APP for the respondent No.l/State.
Investigating Officer SI Sushila, Police Vasant Kunj in person.
Respondent No. 2 in person.
+Crl.M.C. 1843/2011
Petitioners as well as the respondent No. 2 are identified by their counsel and the Investigating Officer SI Sushila, Police Station Vasant
Kunj.
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR
No. 617/2004 under Sections 406/498A/34 IPG registered at P.S. Vasant
Kunj on the complaint of the respondent No.2.
Ground for seeking quashing is that the FIR is the result of matrimonial discord, which has been amicably settled between the petitioners and the respondent No.2 and now, there is no dispute left.
It is submitted that pursuant to the settlement, parties have obtained consent divorce and the respondent No. 2 has been paid ?
1,25,000/- as agreed in full and final settlement. Learned counsel for the petitioners submits that in view of the settlement arrived at between the parties, no fruitful purpose shall be served by prosecuting the petitioners on the basis of FIR, who are the persons of clean antecedents and no past criminal record.
Respondent No. 2 confirms she has arrived at an amicable settlement with the petitioners of her own accord without any duress or
2011:DHC:10786 threat during mediation proceedings and the settlement was reduced into writing by the iviediator, which was signed by her as well as the petitioner
No. 1. She further states that pursuant to the settlement, she has obtained consent divorce from petitioner No. 1 and she has been paid ?
1,25,000/- in full and final settlement of her claim for dowry articles, maintenance-present, past and future and now, there is no dispute left.
Respondent No. 2 further states that in view of the settlement, she does
^ not wish the petitioners to be prosecuted on the basis of 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 proceedings emanating therefrom are quashed.
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. 617/2004 under Sections 406/498A/34 IPG registered at P.S. Vasant Kunj and the proceedings arising out of the same are quashed.
Petition stands disposed of.
(AJIT BHARIHOKE)
JUDGE
AUGUST 04, 2011 akb
>
2011:DHC:10786
% 04.08.2011
Present: Petitioners in person with Mr. R.S.Malhan, Advocate.
Ms. Jasbir Kaur, APP for the respondent No.l/State.
Investigating Officer SI Sushila, Police Vasant Kunj in person.
Respondent No. 2 in person.
+Crl.M.C. 1843/2011
Petitioners as well as the respondent No. 2 are identified by their counsel and the Investigating Officer SI Sushila, Police Station Vasant
Kunj.
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR
No. 617/2004 under Sections 406/498A/34 IPG registered at P.S. Vasant
Kunj on the complaint of the respondent No.2.
Ground for seeking quashing is that the FIR is the result of matrimonial discord, which has been amicably settled between the petitioners and the respondent No.2 and now, there is no dispute left.
It is submitted that pursuant to the settlement, parties have obtained consent divorce and the respondent No. 2 has been paid ?
1,25,000/- as agreed in full and final settlement. Learned counsel for the petitioners submits that in view of the settlement arrived at between the parties, no fruitful purpose shall be served by prosecuting the petitioners on the basis of FIR, who are the persons of clean antecedents and no past criminal record.
Respondent No. 2 confirms she has arrived at an amicable settlement with the petitioners of her own accord without any duress or
2011:DHC:10786 threat during mediation proceedings and the settlement was reduced into writing by the iviediator, which was signed by her as well as the petitioner
No. 1. She further states that pursuant to the settlement, she has obtained consent divorce from petitioner No. 1 and she has been paid ?
1,25,000/- in full and final settlement of her claim for dowry articles, maintenance-present, past and future and now, there is no dispute left.
Respondent No. 2 further states that in view of the settlement, she does
^ not wish the petitioners to be prosecuted on the basis of 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 proceedings emanating therefrom are quashed.
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. 617/2004 under Sections 406/498A/34 IPG registered at P.S. Vasant Kunj and the proceedings arising out of the same are quashed.
Petition stands disposed of.
(AJIT BHARIHOKE)
JUDGE
AUGUST 04, 2011 akb
>
2011:DHC:10786
JUDGMENT