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#35.
0/0 20.07.2011
Present: - Mr. Hemant Budakoti, Advocate for the petitioners along with Petitioners No.1, 3 & 5 in person.
Ms. Fizani Hussain~ APP for the respondent No.1jState along with S.L Riaz Ahmed, LO., P.S. K.N. Katju Marg.
Mr. A. K. Jain, Advocate for the respondent No.2 along with Respondent No.2 in person.
+ Crl.M.A. No.8104/2011 in Crl.M.C.2234/2011
*
Exemptions allowed subject to all just exceptions.
Crl.M.C.No.2234/2011
Petitioners No.1, 3 and 5 as well as respondent No.2 are identified by S.L Riaz Ahmed, LO., P.S. K.N. Katju Marg as well as by their respective counsels.
This is a petition under Section 482 Cr.P.e. seeking quashing of FIR
No.74/2009 under Sections 498A/406/34 I.P.e. at P.S. K.N. Katju Marg registered on the complaint of Respondent NO.2.
The ground for seeking quashing of the FIR is that the FIR was the result of matrimonial discord which has been amicably resolved and now
" there is no dispute left between the parties.
It is submitted by learned counsel for the petitioners that parties have arrived at an amicable settlement during the matrimonial proceedings pending in the Court of ADJ, Sonepat wherein the statements of the petitioner No.1 and respondent No.2 relating to the compromise are recorded and pursuant to the settlement, divorce was granted to them. A copy of the divorce petition wherein the terms and conditions of
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/) r:-!
2011:DHC:15525
~ settlement are incorporated as well as the statements of petitioner No.1 and respondent No.2 recorded by the Court at Sonepat are placed on record.
Respondent No.2 has filed an affidavit confirming having arrived at an amicable settlement with the petitioners. She states that she has arrived at an amicable settlement on her own accord without any duress or threat and now there is no dispute left. Respondent No.2 further states that in view of the compromise, she does not want the petitioners to be prosecuted on the basis of her FIR and she has no objection if the FIR and the proceedings emanating therefrom are quashed.
Learned Ms. Fizani Hussain, 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.
In view of the statement of respondent No.2, who has amicably settled the matter with the petitioners, I find no purpose in keeping the
FIR alive and prosecuting the petitioners when there is no criminal record against either of the parties. Accordingly, FIR No. 74/2009 under Sections
498A/406/34 LP.C. at P.S. K.N. Katju Marg, Delhi and the proceedings emanating therefrom are hereby quashed.
The petition is disposed of.
Order dasti under the signature of the Court Master.
JULY 20, 2011
~
(AJIT BHARIHOKE)
JUDGE
~
I
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0/0 20.07.2011
Present: - Mr. Hemant Budakoti, Advocate for the petitioners along with Petitioners No.1, 3 & 5 in person.
Ms. Fizani Hussain~ APP for the respondent No.1jState along with S.L Riaz Ahmed, LO., P.S. K.N. Katju Marg.
Mr. A. K. Jain, Advocate for the respondent No.2 along with Respondent No.2 in person.
+ Crl.M.A. No.8104/2011 in Crl.M.C.2234/2011
*
Exemptions allowed subject to all just exceptions.
Crl.M.C.No.2234/2011
Petitioners No.1, 3 and 5 as well as respondent No.2 are identified by S.L Riaz Ahmed, LO., P.S. K.N. Katju Marg as well as by their respective counsels.
This is a petition under Section 482 Cr.P.e. seeking quashing of FIR
No.74/2009 under Sections 498A/406/34 I.P.e. at P.S. K.N. Katju Marg registered on the complaint of Respondent NO.2.
The ground for seeking quashing of the FIR is that the FIR was the result of matrimonial discord which has been amicably resolved and now
" there is no dispute left between the parties.
It is submitted by learned counsel for the petitioners that parties have arrived at an amicable settlement during the matrimonial proceedings pending in the Court of ADJ, Sonepat wherein the statements of the petitioner No.1 and respondent No.2 relating to the compromise are recorded and pursuant to the settlement, divorce was granted to them. A copy of the divorce petition wherein the terms and conditions of
~
/) r:-!
2011:DHC:15525
~ settlement are incorporated as well as the statements of petitioner No.1 and respondent No.2 recorded by the Court at Sonepat are placed on record.
Respondent No.2 has filed an affidavit confirming having arrived at an amicable settlement with the petitioners. She states that she has arrived at an amicable settlement on her own accord without any duress or threat and now there is no dispute left. Respondent No.2 further states that in view of the compromise, she does not want the petitioners to be prosecuted on the basis of her FIR and she has no objection if the FIR and the proceedings emanating therefrom are quashed.
Learned Ms. Fizani Hussain, 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.
In view of the statement of respondent No.2, who has amicably settled the matter with the petitioners, I find no purpose in keeping the
FIR alive and prosecuting the petitioners when there is no criminal record against either of the parties. Accordingly, FIR No. 74/2009 under Sections
498A/406/34 LP.C. at P.S. K.N. Katju Marg, Delhi and the proceedings emanating therefrom are hereby quashed.
The petition is disposed of.
Order dasti under the signature of the Court Master.
JULY 20, 2011
~
(AJIT BHARIHOKE)
JUDGE
~
I
'-':-1 l--"
I, i'
2011:DHC:15525
2011:DHC:15525
JUDGMENT