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#30. o/o 18.07.2011
Present:- Mr. Mukesh Sharma, Adv. for the petitioner with
Petitioners in person.
Ms. Fizani Hussain, APP for Respondent No.l/State.
Ms. Ruchi Munjal, Adv. for Respondent No.2 along with
Respondent No.2 in person.
I
+ Cri.M.A.7983/2011 in Cri.M.C.2199/2011
*
Allowed subject to just exceptions.
Cri.M.C. No.2199/2011 & Cri.M.A.7982/2011(stay)
Parties are identified by their respective counsel.
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR
No.814/2002 under Sections 498A/406/34 I.P.C. at P.S. Tilak Nagar 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, as such there is no purpose in continuing with the prosecution of the petitioners. It is further submitted that pursuant to the settlement parties have obtained consent divorce.
Parties have filed a settlement deed executed between them which is taken on record. Both the petitioner No.1 and respondent No.2 confirm having signed the settlement deed voluntarily and without any duress or threat.
Respondent No.2 submits that after the filing of FIR she has arrived at an amicable settlement with the petitioner No.1 and other petitioners on her own accord and now there is no dispute left. She submits that in view of the compromise, she has already received ~3,00,000/- from the i
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2011:DHC:15495
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L petitioners and balance of ~25,000/- has been paid to her in cash today in the Court. Respondent No.2 submits that now there is no dispute left 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.
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.
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.
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. 814/2002 under Sections 498A/406/34 I.P.C. at P.S. Tilak Nagar and the proceedings emanating therefrom are hereby quashed.
The petition as well as the miscellaneous application is disposed of.
JULY 18, 2011 anb
~
(AJIT BHARIHOKE)
JUDGE
,~~~
!
2011:DHC:15495
Present:- Mr. Mukesh Sharma, Adv. for the petitioner with
Petitioners in person.
Ms. Fizani Hussain, APP for Respondent No.l/State.
Ms. Ruchi Munjal, Adv. for Respondent No.2 along with
Respondent No.2 in person.
I
+ Cri.M.A.7983/2011 in Cri.M.C.2199/2011
*
Allowed subject to just exceptions.
Cri.M.C. No.2199/2011 & Cri.M.A.7982/2011(stay)
Parties are identified by their respective counsel.
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR
No.814/2002 under Sections 498A/406/34 I.P.C. at P.S. Tilak Nagar 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, as such there is no purpose in continuing with the prosecution of the petitioners. It is further submitted that pursuant to the settlement parties have obtained consent divorce.
Parties have filed a settlement deed executed between them which is taken on record. Both the petitioner No.1 and respondent No.2 confirm having signed the settlement deed voluntarily and without any duress or threat.
Respondent No.2 submits that after the filing of FIR she has arrived at an amicable settlement with the petitioner No.1 and other petitioners on her own accord and now there is no dispute left. She submits that in view of the compromise, she has already received ~3,00,000/- from the i
\
\
2011:DHC:15495
~--
L petitioners and balance of ~25,000/- has been paid to her in cash today in the Court. Respondent No.2 submits that now there is no dispute left 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.
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.
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.
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. 814/2002 under Sections 498A/406/34 I.P.C. at P.S. Tilak Nagar and the proceedings emanating therefrom are hereby quashed.
The petition as well as the miscellaneous application is disposed of.
JULY 18, 2011 anb
~
(AJIT BHARIHOKE)
JUDGE
,~~~
!
2011:DHC:15495
JUDGMENT