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% 08.07.2011
Present: Petitioners in person with ivir. Adarsh Saini, Advocate, who identifies them. jvir. Sunil Sharma, APP for the respondent No.l/State.
Respondent No. 2/complainant in person.
SI Lalit Chandra, the Investigating Officer, who identifies the respondent No.2/complainant.
+Crl.M.A.No. 6578/2011(Exemption)
Mr
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
CrI.M.C. 1829/2011
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR
No. 182/2004 under Sections 498A/406/34 IPC registered at P.S. Bawana on the complaint of the respondent No.2.
Ground for seeking quashing is that the FIR was the result of matrimonial discord, which has been amicably settled between the parties and the parties have obtained consent divorce.
Petitioners have filed the settlement agreement, purported to have been signed by the parties, which Is taken on record. It is submitted that the parties have amicably settled the matter and pursuant to the settlement, petitioners have agreed to pay a sum of ^ 15,000/- to respondent No. 2 in full and final settlement of her entire claim and after this payment, now, there is no dispute left between the parties.
Respondent No. 2 also confirms that the settlement agreement bears her signature and states that she has entered into the settlement
2011:DHC:11513 with the petitioners of her own accord without any inducement or threat.
She states that pursuant to the settlement, the petitioners have returned her 'stridhan' to her and she has already received ? 15,000/- from the petitioners towards settlement of her entire claim. Respondent No. 2 further states that now, there is no dispute left between her and the petitioners, as such, she does not want the petitioners to be prosecuted on her FIR and she has no objection if the FIR is quashed.
Petitioners as well as the respondent No. 2 undertake that they shall remain bound by the terms of settlement.
Learned APP appearing for the State submits that in view of the settlement arrived at between the parties, State has no objection if the
FIR and the proceedings emanating therefrom are quashed.
Since the parties have amicably settled the matter and now there is no dispute left, I feel that no useful purpose shall be served in prosecuting the petitioners on the basis of the FIR. Accordingly, FIR No. 182/2004, registered at P.S. Bawana and the proceedings arising out of the same are quashed.
Petition stands disposed of.
(AJIT BHARIHOKE)
JUDGE
JULY 08, 2011 akb
>
2011:DHC:11513
% 08.07.2011
Present: Petitioners in person with ivir. Adarsh Saini, Advocate, who identifies them. jvir. Sunil Sharma, APP for the respondent No.l/State.
Respondent No. 2/complainant in person.
SI Lalit Chandra, the Investigating Officer, who identifies the respondent No.2/complainant.
+Crl.M.A.No. 6578/2011(Exemption)
Mr
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
CrI.M.C. 1829/2011
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR
No. 182/2004 under Sections 498A/406/34 IPC registered at P.S. Bawana on the complaint of the respondent No.2.
Ground for seeking quashing is that the FIR was the result of matrimonial discord, which has been amicably settled between the parties and the parties have obtained consent divorce.
Petitioners have filed the settlement agreement, purported to have been signed by the parties, which Is taken on record. It is submitted that the parties have amicably settled the matter and pursuant to the settlement, petitioners have agreed to pay a sum of ^ 15,000/- to respondent No. 2 in full and final settlement of her entire claim and after this payment, now, there is no dispute left between the parties.
Respondent No. 2 also confirms that the settlement agreement bears her signature and states that she has entered into the settlement
2011:DHC:11513 with the petitioners of her own accord without any inducement or threat.
She states that pursuant to the settlement, the petitioners have returned her 'stridhan' to her and she has already received ? 15,000/- from the petitioners towards settlement of her entire claim. Respondent No. 2 further states that now, there is no dispute left between her and the petitioners, as such, she does not want the petitioners to be prosecuted on her FIR and she has no objection if the FIR is quashed.
Petitioners as well as the respondent No. 2 undertake that they shall remain bound by the terms of settlement.
Learned APP appearing for the State submits that in view of the settlement arrived at between the parties, State has no objection if the
FIR and the proceedings emanating therefrom are quashed.
Since the parties have amicably settled the matter and now there is no dispute left, I feel that no useful purpose shall be served in prosecuting the petitioners on the basis of the FIR. Accordingly, FIR No. 182/2004, registered at P.S. Bawana and the proceedings arising out of the same are quashed.
Petition stands disposed of.
(AJIT BHARIHOKE)
JUDGE
JULY 08, 2011 akb
>
2011:DHC:11513
JUDGMENT