Ashok Kumar v. State (Govt. of NCT of Delhi)

10 SI Mahinder Singh fronn P.S.Sultanpuri. CORAM: HON'BLE MR.

JUSTICE SURESH KAIT % ORDER 04.07.2011

1. The instant petition is under Section 482 Cr.P.C. for quashing of FIR No.1390/2007 under Section 498A/406/34 IPC registered at P.S.Sultanpuri, New Delhi on the ground of compromise/settlement arrived at between the parties.

2. The parties had entered settlement/agreement dated 22.04.2010 signed by Jagdish Sethi, Mediator, Rohini Court, Delhi.

3. As per the settlement the petitioner/accused had to pay a sum of ?2,25,000/- in total which shall include the dowry articles, stridhan and permanent alimony/maintenance (present, past and future) of the wife and child Amisha. It is also settled,that out of the settled amount of ^2,25,000/-, ^25,000/- shall be given by the petitioner/accused to the complainant/respondent on 03.05.2010 at the time of granting the permanent bail, which the respondent/complainant has 2011:DHC:11384 accepted, amount already received.

4. As per tine aforesaid settlement/agreement para 3(d) the petitioner/accused shall pay a sum of ^50,000/- to the respondent/complainant at the time of recording of statement for quashing of FIR. Further it was also agreed between the parties that out of the settled amount the husband shall deposit a sum of ^21,500/- in the name of Baby Amisha aged 9 years as a F.D. and the same shall be matured only at the time when baby Amisha will attain majority.

5. The petitioner has brought two cheques dated 04.07.2011 bearing No.876890 and 876919 amounting no,000/- and ^71,500/- drawn on PNB, H.A.L.Township, LUcknow, UP. more than the settled amount, the same are handed oyerto the respondent/complainant.

6. The learned counsel for the petitioner/accused has clarified that ^10,000/- is being paid additionally as his free wish which is to be deposited in the name of Baby Amisha to be in FDR, the same shall be matured only at the time of daughter's majority. Both the cheques are handed over to the complainant/Respondent in the Court.

7. I note that as per the settlement decree of divorce of mutual consent under Section 13(B)(2) of the Hindu Marriage Act, 1955 has already been granted vide order dated 18.04.2011 by the Family Court, Rohini.

8. Respondent Yashoda Devi and SI Mahinder Singh are present. 10 has identified the complainant as Smt.Yashoda Devi w/o Ashok Kumar, who is petitioner in the instant petition.

9. Respondent/complainant has no objection if case FIR in question is quaslned and tliere is no pressure, coercion from any corner.

10. Keeping in view the settlement arrived at between the parties, in the larger interest, FIR No.1390/2007 under Sections 498-A/406/34 IPG registered at Police Station Sultanpuri and the consequent proceedings emanating therefrom stand quashed.

11. It is further clarified that this above order is subject to the clearance of both the cheques given to respondent No.2/complainant.

12. Petition is disposed of in the above terms. ir^ SURESH KAIT, J JULY 04, 2011 mr