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Delhi High Court · 29 Jul 2011 · 2011:DHC:10940
Ajit Bharihoke
Cri.M.C. No.2426/2011
2011:DHC:10940
criminal appeal_allowed

AI Summary

The court quashed the FIR under Sections 498A, 406, and 34 IPC arising from matrimonial discord on the basis of an amicable settlement and consent divorce between the parties.

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#45
% 29.07.2011
Present: Petitioners in person with Mr.Sushil Bali, Advocate.
Ms. Fizani Husain, APP for the respondent No.l/State along with 5.1.- Chander Pal Singh, P.S. CAW Cell, Nanak Pura.
Respondent No.2 in person with Mr.Ravinder Kumar, Advocate.
+Cri.M.A.No.8793/2011 in Cri.M.C. No.2426/2011
Exemption is allowed, subject to all just exceptions.
Application is disposed of.
Cri.M.C. No.2426/2011
JUDGMENT

1. Petitioners as well as respondent No.2 are identified by their respective counsel and 5.1. Chander Pal Singh, P.S. CAW Cell, Nanak Pura.

2. This is a petition under Section 482 Cr.P.C. seeking quashing of FIR No.142/2009 under Sections 498A/406/34 I.P.C. at P.S. CAW Cell, Nanak Pura on the complaint of Respondent No.2.

3. The ground for seeking quashing of the FIR is that the FIR was the result of matrimonial discord which has been amicably resolved vide a Settlement Deed dated 21.9.2010. Copy of the Settlement Deed is annexed to the petition.

4. Both petitioners and respondent No.2 confirm having entered into the settlement. It is submitted on behalf of the petitioners that_pursuant to the Settlement Deed, parties have already obtained consent divorce. 1-·-~ ~ r;-c; '';-----·;:! 2011:DHC:10940 2-- As per Settlement Deed, ~4,50,000/- was agreed to be paid to the respondent No.2 towards full and final settlement for maintenance, present, past and future, out of which ~2,50,000/- has already been paid and balance ~2,00,000/- has been paid today, vide a bank draft No.744306 dated 2.7.2011 drawn on Bank of Baroda, Mayur Vihar-1, Delhi.

5. Respondent No.2 confirms that she has entered into settlement with the petitioners of her own accord, without any threat or duress. She states that as per the settlement, she has obtained divorce from petitioner No.1. It was agreed that she would be paid ~4,50,000/- in full and final settlement of all her claims, out of which she has already received a sum of ~2,50,000/- and the balance amount she has received today vide a draft of ~2,00,000/- vide the said bank draft. As such, she does not want the petitioners to be prosecuted on her FIR and she has no objection if the FIR and the proceedings emanating therefrom are quashed.

6. Learned Ms. Fizani Husain, APP submits that in view of the amicable settlement arrived at between the parties, State has no objection if the FIR registered on the complaint of respondent No.2 and the proceedings emanating therefrom are quashed.

7. From the above, it is apparent that parties have arrived at amicable settlement, therefore, I do not find any purpose in prosecuting the petitioners on the basis of FIR lodged at the instance of respondent No.2. I:;;-; '' -;-!,--~ L;. I r• -;·! ~ Accordingly, keeping in view that there is no criminal antecedent of the petitioners, in view of the compromise arrived at between the parties, FIR No.l42/2009 under Sections 498A/406/34 I.P.C. at P.S. CAW Cell, Nanak Pura the proceedings emanating therefrom are hereby quashed.

8. The petition as well as the miscellaneous application is disposed of. JULY 29, 2011 ks ~

(AJIT BHARIHOKE) JUDGE -- ~ ------------'-