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#29
% 02.06.2011
Present: Petitioners in person with Mr.Rahui Kumar Singh, Advocate, who identifies them.
Ms. Santosh Kohii, APP for the State/respondent No.l with ASI
Santosh, P.S. New Usman Pur.
Respondent No. 2 in person with |Vlr. Mahesh Kumar, Advocate, who identifies her.
+Crl.M.A.No.6822/2011(Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
Cri.M.C. 1910/2011
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR NO. 324/2010 under Sections 498A/406/34 IPG registered at P.S. New Usman Pur on the complaint of the respondent No.2.
Ground for seeking quashing is that the parties have amicably settled the dispute and now there is no dispute left between them.
It is submitted that the parties have amicably settled the matter and as per the terms of settlement, petitioners have agreed to pay a sum of ?
^50,000/- to respondent No. 2in full and final settlement of her claim for
'stridhan', maintenance-past, present and future, permanent alimony etc.
Respondent No. 2, who is identified by the Investigating Officer ASI
Santosh, P.S. New Usman Pur, confirms that the FIR was the result of matrimonial discord which has been amicably settled. She states that she has entered into the settlement with the petitioners of her own accord
2011:DHC:11232 without any inducement or threat and pursuant to the settlement, she has already received ? 40,000/- from the petitioners and balance amount, petitioners have promised to pay her on the date of second motion before the concerned court. Respondent No. 2 further submits that now, there is no dispute left between her and the petitioners and therefore, she does not want the petitioners to be prosecuted on her FIR and she has no objection if the FIR is quashed.
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. 324/2010 under
Sections 498A/406/34 IPC registered at P.S. New Usman Pur and the proceedings arising out of the same are quashed.
Petition stands disposed of.
JUNE 02, 2011 ks
\
(AJIT BI^RIHOKE)
JUDGE
2^
2011:DHC:11232
% 02.06.2011
Present: Petitioners in person with Mr.Rahui Kumar Singh, Advocate, who identifies them.
Ms. Santosh Kohii, APP for the State/respondent No.l with ASI
Santosh, P.S. New Usman Pur.
Respondent No. 2 in person with |Vlr. Mahesh Kumar, Advocate, who identifies her.
+Crl.M.A.No.6822/2011(Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
Cri.M.C. 1910/2011
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR NO. 324/2010 under Sections 498A/406/34 IPG registered at P.S. New Usman Pur on the complaint of the respondent No.2.
Ground for seeking quashing is that the parties have amicably settled the dispute and now there is no dispute left between them.
It is submitted that the parties have amicably settled the matter and as per the terms of settlement, petitioners have agreed to pay a sum of ?
^50,000/- to respondent No. 2in full and final settlement of her claim for
'stridhan', maintenance-past, present and future, permanent alimony etc.
Respondent No. 2, who is identified by the Investigating Officer ASI
Santosh, P.S. New Usman Pur, confirms that the FIR was the result of matrimonial discord which has been amicably settled. She states that she has entered into the settlement with the petitioners of her own accord
2011:DHC:11232 without any inducement or threat and pursuant to the settlement, she has already received ? 40,000/- from the petitioners and balance amount, petitioners have promised to pay her on the date of second motion before the concerned court. Respondent No. 2 further submits that now, there is no dispute left between her and the petitioners and therefore, she does not want the petitioners to be prosecuted on her FIR and she has no objection if the FIR is quashed.
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. 324/2010 under
Sections 498A/406/34 IPC registered at P.S. New Usman Pur and the proceedings arising out of the same are quashed.
Petition stands disposed of.
JUNE 02, 2011 ks
\
(AJIT BI^RIHOKE)
JUDGE
2^
2011:DHC:11232
JUDGMENT