50da701cccf83add398a8e3bf962102b39a773ec15711fa96051a29b1ffb3997

Delhi High Court · 29 Jul 2011 · 2011:DHC:10943
Ajit Bharihoke
2011:DHC:10943
criminal petition_allowed

AI Summary

The court quashed an FIR registered under Sections 498A, 406, 34 IPC and Dowry Prohibition Act following an amicable settlement between the parties in a matrimonial dispute, exercising its inherent powers under Section 482 Cr.P.C.

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#50
% 29.07.2011
Present: Petitioners in person with Mr. M.R. Chanchal, Advocate.
Ms. jasbir Kaur, APP for the respondent/State along with 51
Yogendra, P.S. Harsh Vihar(IO).
Respondent No.2 in person.
+Cri.M.A. No.8816/2011 & 8817/2011(.EiXemption)
Exemption allowed, subject to all just exceptions.
Applications stand disposed of.
+Cri.M.C. No.2440/2011
I
Petitioners as well as respondent No.4 are identified by the 10 51
Yogendra, P.S. Harsh Vihar.
This is a petition under Section 482 Cr.P.C. seeking quashing of FIIR
No.61/2011 registered at P.S. Harsh Vihar under Section 498A/406/34 IPC
& Section 4 D.P. Act 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 in mediation proceedings conducted at Mediation Centre, Karkardooma 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.
2011:DHC:10943
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Respondent No.2 confirms that she has entered into the settlement with the petitioners of her own accord without any inducement or threat and she is living with the petitioners in the matrimonial home for the last one month. She submits that now there is no dispute left. Therefore, in order to preserve harmonious matrimonial, life, she does not want any action against the petitioners on the basis of her complaint and she has no objection if the FIR is quashed.
Learned Ms. jasbir Kaur, 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.61/2011 registered at P.S. Harsh
Vihar under Section 498A/406/34 IPC & Section 4 D.P. Act and the proceedings arising out of the same are hereby quashed.
Petition stands disposed of.
JULY 29, 2011 pst
¥
(AJIT BHARIHOKE)
JUDGE
2011:DHC:10943
JUDGMENT