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Delhi High Court · 29 Jul 2011 · 2011:DHC:10818
Ajit Bharihoke
Crl.M.C. No.2227/2011
2011:DHC:10818
criminal petition_allowed

AI Summary

The court quashed a criminal FIR arising from matrimonial discord after the parties amicably settled their dispute through mediation and resumed harmonious living.

Full Text
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% 29.07.2011
Present: Petitioner in person with Mr. S.L. Chowdhry, Advocate.
Respondent No.1 in person.
Ms. Fizani Husain, APP for the respondent NO.2/State along with Inspector Jaswant Singh, P.S. Kamla Market (10).
+Crl.M.C. No.2227/2011
Petitioner as well as respondent No.1 are identified by the 10
Inspector Jaswant Singh, P.S. Kamla Market.
This is a petition under Section 482 Cr.P.c. seeking quashing of FIR
No.830/1997 registered at P.S. Rajouri Garden under Section
498A/406/323/34 IPC against the petitioner on the complaint of respondent No.I.
The reason for seeking quashing is that the FIR is the result of matrimonial discord which has been amicably settled in mediation proceedings conducted at Mediation Centre, Tis Hazari Courts. The settlement has been signed by them in presence of the mediator. It is submitted that the parties have amicably resolved their disputes and now they are living happily together.
Respondent No.1 confirms that she has entered into the settlement with the petitioner of her own accord without any inducement or threat and she is living with the petitioner in the matrimonial home for the last one year. She submits that now there is no dispute left. Therefore, in order to preserve harmonious matrimonial life, she does not want any v
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2011:DHC:10818 action against the petitioner on the basis of her complaint and she has no objection if the FIR is quashed.
Learned Ms. Fizani Husain, APP appearing on behalf of the State submits that in view of the compromise arrived at between the parties and in the interest of harmonious matrimonial relation between them, State has no objection if the FIR and the proceedings emanating therefrom are quashed.
Since the parties have amicably resolved the dispute in mediation and they are living happily together, in the interest of harmonious matrimonial relation between the parties, 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.830/1997 registered at P.S. Rajouri
Garden under Section 498A/406/323/34 IPC and the proceedings arising out of the same are hereby quashed.
Petition stands disposed of.
JULY 29, 2011 pst
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(AjIT BHARIHOKE)
JUDGE
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2011:DHC:10818
JUDGMENT