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#43
% 02.08.2011
Present: Petitioners No.l to 3 in person with Mr. Sumit Gaba, Advocate for the petitioners.
|vis. Jasbir Kaur, APP for respondent No.l/State along with SI
Balbir Singh, P.S. Rajouri Garden (10).
Respondent No.2 in person with Mr. Nishant Gahalawat, Advocate.
+Crl.M.C. No.2507/2011
Petitioners No.l to 3 as well as respondent No.2 are identified by SI
Balbir Singh, P.S. Rajouri Garden (10).
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR
No.447/2009 under Section 498A/406/34 IPG registered at P.S. Rajouri
Garden against the petitioners on the complaint of respondent No.2.
The reason for seeking quashing is that the FIR is the result of matrimonial discord which has been amicably settled vide a compromise arrived at during mediation proceedings conducted at Mediation Centre, Tis Hazari Courts on 28.04.2010. It is submitted that the compromise was reduced into writing by the mediator and it was signed by the parties. It is submitted that pursuant to the settlement, parties have obtained mutual divorce and now there is no dispute left between the parties. It is submitted that no fruitful purpose shall be served by prosecuting the petitioners on the basis of FIR registered on the complaint of respondent
2011:DHC:11560
% 02.08.2011
Present: Petitioners No.l to 3 in person with Mr. Sumit Gaba, Advocate for the petitioners.
|vis. Jasbir Kaur, APP for respondent No.l/State along with SI
Balbir Singh, P.S. Rajouri Garden (10).
Respondent No.2 in person with Mr. Nishant Gahalawat, Advocate.
+Crl.M.C. No.2507/2011
Petitioners No.l to 3 as well as respondent No.2 are identified by SI
Balbir Singh, P.S. Rajouri Garden (10).
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR
No.447/2009 under Section 498A/406/34 IPG registered at P.S. Rajouri
Garden against the petitioners on the complaint of respondent No.2.
The reason for seeking quashing is that the FIR is the result of matrimonial discord which has been amicably settled vide a compromise arrived at during mediation proceedings conducted at Mediation Centre, Tis Hazari Courts on 28.04.2010. It is submitted that the compromise was reduced into writing by the mediator and it was signed by the parties. It is submitted that pursuant to the settlement, parties have obtained mutual divorce and now there is no dispute left between the parties. It is submitted that no fruitful purpose shall be served by prosecuting the petitioners on the basis of FIR registered on the complaint of respondent
2011:DHC:11560
No.2, particularly when there are persons of clean antecedents having no past criminal record.
Respondent No.2, who is identified by the 10, confirms that she has voluntarily settled the matter with the petitioners of her own accord without any inducement or threat. She submits that her marriage with petitioner No.l was not compatible, as such she and petitioner No.l have obtained consent divorce. She further submits that in terms of the settlement, she has already received a sum of ? 1 lakh from the petitioners and balance ?60,000/- has been paid today to her vide bank draft No.108950 dated 04.07.2011 for ^60,000/- drawn on Canara Bank, Tagore Garden, New Delhi. Respondent No.2 further submits that with the receipt of this draft, now there is no dispute left regarding the stridhan or maintenance, present, past or future. She submits that she does not wish the petitioners to be prosecuted pursuant to her complaint and she has no objection if the FIR registered on the basis of her complaint and the proceedings arising out of the same are quashed.
Learned Ms. Jasbir Kaur, APP appearing on behalf of the State submits that in view of the compromise arrived at between the parties.
State has no objection if the FIR and the proceedings emanating therefrom are quashed.
Since the parties have amicably resolved the dispute in mediation, I feel that no useful purpose shall be served in keeping the FIR and the proceedings arising out of the same alive. Accordingly, the FIR j3>
No.447/2009 under Section 498A/406/34 IPC registered at P.S. Rajouri
Garden and the proceedings arising out of tfie same are fiereby quaslied.
Petition stands disposed of.
(AJIT BHARIHOKE)
JUDGE
AUGUST 02, 2011 pst
Respondent No.2, who is identified by the 10, confirms that she has voluntarily settled the matter with the petitioners of her own accord without any inducement or threat. She submits that her marriage with petitioner No.l was not compatible, as such she and petitioner No.l have obtained consent divorce. She further submits that in terms of the settlement, she has already received a sum of ? 1 lakh from the petitioners and balance ?60,000/- has been paid today to her vide bank draft No.108950 dated 04.07.2011 for ^60,000/- drawn on Canara Bank, Tagore Garden, New Delhi. Respondent No.2 further submits that with the receipt of this draft, now there is no dispute left regarding the stridhan or maintenance, present, past or future. She submits that she does not wish the petitioners to be prosecuted pursuant to her complaint and she has no objection if the FIR registered on the basis of her complaint and the proceedings arising out of the same are quashed.
Learned Ms. Jasbir Kaur, APP appearing on behalf of the State submits that in view of the compromise arrived at between the parties.
State has no objection if the FIR and the proceedings emanating therefrom are quashed.
Since the parties have amicably resolved the dispute in mediation, I feel that no useful purpose shall be served in keeping the FIR and the proceedings arising out of the same alive. Accordingly, the FIR j3>
No.447/2009 under Section 498A/406/34 IPC registered at P.S. Rajouri
Garden and the proceedings arising out of tfie same are fiereby quaslied.
Petition stands disposed of.
(AJIT BHARIHOKE)
JUDGE
AUGUST 02, 2011 pst
JUDGMENT