Praveen Kumar & Ors v. State & Anr

1 Vide an FIR No. 286/2006, a case was registered under Sections 498 A/406/34 Indian Penal Code, 1860 against petitioner No. 1 i.e the husband of respondent No. 2 and against the petitioners No. 2 and 3, the relatives of the petitioner No. 1.

2. Learned APP for the State submits that, the charge sheet in the matter has been filed and charge has also been framed.

3. Learned counsel for the petitioner submits that the matter has already been amicably settled between the parties and the marriage between the petitioner No. 1 and respondent No. 2 has already been dissolved through a decree of divorce.

4. The respondent No.2 namely Ms. Lakshmi, D/o Sh. Khushi Ram, R/o E-49/B-230, Majdoor Janta Colony, Subhash Park, Shahdara, Delhi is personally present in person and has been duly identified by lO/SI Ram Vilas and her counsel \ 2011:DHC:10689 Sh. S. Jakaria, Advocate. She has received a cheque NO. 205040 in the sum of Rs.50,000/- drawn on Punjab National Bank, Rajendra Place, dated 22.07.2011 in lieu of full and final settlement.

5. The respondent No. 2 states that she has settled all the issues qua the aforesaid FIR and nothing remains pending qua her maintenance and alimony, therefore, she does not want to pursue the aforesaid FIR further.

6. Since, both the parties have settled the matter amicably and the marriage between the parties has already been dissolved, in the interest of justice, I quash the FIR NO. 286/2006 under Sections 498A/406/34 Indian Penal Code, 1860 registered at P.S. Welcome and all the proceedings emanating therefrom.

7. Though, the Government machinery has been used and time of the court has been consumed, but keeping in mind the poor financial conditions of the parties, I defer imposing of cost.

8. Dasti.

SURESH KAIT, J July 25, 2011 j