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#10
% 01.08.2011
Present: Petitioners in person with jVir.Francis Paul, Advocate.
Ms. Jasbir Kaur, APP for the respondent/State along with ASI
Jaswinder Singh, P.S. Jahangir Puri.
Respondent No.2. in person.
+Crl.M.C. No. 2156/2011
Petitioners as well as respondent No.2 are identified by the 10 ASI
Jaswinder Singh, P.S. Jahangir Puri.
This is a petition under Section 482 Cr.P.C. seel<ing quashing of FIR
No.83/2006 registered at P.S. Jahangir Puri under Section 498A/406/34 IPC against the petitioners on the complaint of respondent No.2.
The ground for seeking quashing is that the FIR is the result of matrimonial discord between the petitioner and respondent No.2 which has been amicably resolved in the proceedings before the Family Court and now there is no dispute left between the parties. The settlement has been signed by the parties in presence of the Addl. Principal Judge, Family
Court, Rohini.
Respondent No.2 confirms that she has arrived at an amicable settlement with the petitioners during matrimonial proceedings in the court of Addl. Principal Judge, Family Court, Rohini wherein she made a statement confirming the compromise between the parties. Respondent
No.2 submits that she has entered the settlement with the petitioners of
2011:DHC:10814 her own accord without any threat or duress and as per the agreement, she was to be paid a sum of ial<hs towards full and final settlement of her claims relating to stridhan, dowry, maintenance past, present and future, out of which she has already received ? 1 lakh at the time of filing of first motion petition for consent divorce and balance amount has been deposited in the form of FDR in her name and it was agreed that aforesaid
FDR for lakh with interest shall be released after the second motion for consent divorce is through. Respondent No.2 submits that second motion is over and in view of the settlement, she does wish the petitioners to be prosecuted. She submits that she has no objection if the FIR is quashed and prays that after the quashing, direction be issued to the Family Court to release aforesaid FDR in favour of respondent No.2.
Petitioner No.l Raj Kumar was husband of respondent no.2 and he undertakes to this Court that after the quashing of FIR, he shall not raise objection against release of the FDR to respondent No.2 by the Family
Court.
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, 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 No.83/2006 registered at P.S. Jahangir Purl under Section 498A/406/34 IPC and the proceedings arising out of tlie same are liereby quashed. The FDR of lakh deposited in the court below be released to respondent No.2.
Petition stands disposed of.
Order Dasti to the parties under the signatures of Court Master.
\
(AJIT BHARIHOKE)
JUDGE
AUGUST 01, 2011 pst
% 01.08.2011
Present: Petitioners in person with jVir.Francis Paul, Advocate.
Ms. Jasbir Kaur, APP for the respondent/State along with ASI
Jaswinder Singh, P.S. Jahangir Puri.
Respondent No.2. in person.
+Crl.M.C. No. 2156/2011
Petitioners as well as respondent No.2 are identified by the 10 ASI
Jaswinder Singh, P.S. Jahangir Puri.
This is a petition under Section 482 Cr.P.C. seel<ing quashing of FIR
No.83/2006 registered at P.S. Jahangir Puri under Section 498A/406/34 IPC against the petitioners on the complaint of respondent No.2.
The ground for seeking quashing is that the FIR is the result of matrimonial discord between the petitioner and respondent No.2 which has been amicably resolved in the proceedings before the Family Court and now there is no dispute left between the parties. The settlement has been signed by the parties in presence of the Addl. Principal Judge, Family
Court, Rohini.
Respondent No.2 confirms that she has arrived at an amicable settlement with the petitioners during matrimonial proceedings in the court of Addl. Principal Judge, Family Court, Rohini wherein she made a statement confirming the compromise between the parties. Respondent
No.2 submits that she has entered the settlement with the petitioners of
2011:DHC:10814 her own accord without any threat or duress and as per the agreement, she was to be paid a sum of ial<hs towards full and final settlement of her claims relating to stridhan, dowry, maintenance past, present and future, out of which she has already received ? 1 lakh at the time of filing of first motion petition for consent divorce and balance amount has been deposited in the form of FDR in her name and it was agreed that aforesaid
FDR for lakh with interest shall be released after the second motion for consent divorce is through. Respondent No.2 submits that second motion is over and in view of the settlement, she does wish the petitioners to be prosecuted. She submits that she has no objection if the FIR is quashed and prays that after the quashing, direction be issued to the Family Court to release aforesaid FDR in favour of respondent No.2.
Petitioner No.l Raj Kumar was husband of respondent no.2 and he undertakes to this Court that after the quashing of FIR, he shall not raise objection against release of the FDR to respondent No.2 by the Family
Court.
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, 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 No.83/2006 registered at P.S. Jahangir Purl under Section 498A/406/34 IPC and the proceedings arising out of tlie same are liereby quashed. The FDR of lakh deposited in the court below be released to respondent No.2.
Petition stands disposed of.
Order Dasti to the parties under the signatures of Court Master.
\
(AJIT BHARIHOKE)
JUDGE
AUGUST 01, 2011 pst
JUDGMENT