Full Text
% 01.08.2011
Present: Petitioners No.1 & 2 in person with Mr.Lal Singh
Thakur, Advocate.
Ms.Fizani Husain, APP for the respondent No.1/State alongwith ASI Kailash Sharma, Traffic Police(I.O.)
Respondent No.2 in person with Mr.Rajesh Vashisht, Advocate.
+Cri.M.A.No.8854/2011 in Cri.M.C. No.2456/2011
Exemption is allowed, subject to all just exceptions.
Application is disposed of.
Cri.M.C. No.2456/2011
I
JUDGMENT
1. Petitioners No.1 and 2 and respondent No.2 are present in person and are identified by their counsel as well as by the Investigating Officer, A.S.I.(w) Kailash Sharma, Traffic Police.
2. This petition is filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.496/2001 under Sections 406/498A/34 IPC registered at P.S. Uttam Nagar, Delhi on the complaint of respondent No.2.
3. Ground for seeking quashing is that the FIR was the result of matrimonial discord which has been amicably resolved vide a Settlement Agreement dated 1.9.2001 which was signed by petitioner No.1 and respondent No.2.
4. It is submitted by respondent No.2/complainant that as per the said agreement, an amount of ~45,000/- was to be paid to her, out of which she had already received an amount of ~35,000/- and:·!:-! 2011:DHC:11510 2balance ~10,000/- is paid to her by the petitioners today in Court. It is further submitted that she has amicably resolved the matter with the petitioners of her own accord, without any threat, intimidation or duress and now there is no dispute left between her and petitioners. She states that she does not want the petitioners to be prosecuted on the basis of her FIR and she has no objection if the FIR is quashed.
5. 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.
6. 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 and keeping the FIR and the proceedings arising out of the same alive. Accordingly, FIR No.496/2001 under Sections 406/498A/34 IPC registered at P.S.Uttam Nagar, Delhi and the proceedings emanating therefrom are quashed.
7. Petition stands disposed of.
8. Order dasti.
AUGUST 01, 2011/~ # ~ (AJIT BHARIHOKE) JUDGE:·!