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Present: Petitioners in person with jVjr. Rajpal Singh, Advocate, who identifies them.
Ms. Santosh Kohii, APP for the State/respondent No.l with
Investigating Officer SI J.R.Meena, P.S. Sector 23, Dwarka, who identifies the complainant/R-2.
Respondent No. 2 in person with Mr.A.K.Jha, Advocate.
+Crl.M.C. 1887/2011 & Crl.M.A.6742/2011 (stay)
# This is a petition under Section 482 Cr.P.C. seeking quashing of FIR
No. 151/2010 under Sections 498A/406/34 IPC registered at P.S. Sector
23, Dwarka on the complaint of the respondent No.2.
Ground for seeking quashing is that the FIR was the result of marital discord, which has been amicably settled and the parties have reduced the settlement into a compromise deed signed by the petitioner No. 1 and the respondent No.2.
It is submitted by learned counsel for the petitioners that the parties have amicably settled the matter and now, there is no dispute left between them, therefore, no purpose shall be served by prosecuting the petitioners on the basis of FIR. He also submits that the petitioners are respectable persons, having no criminal record or involvement in breach of law.
Respondent No. 2, who is identified by her counsel Sh. A.K.Jha, Advocate as well as the Investigating Officer SI J.R.Meena, P.S. Sector 23, Dwarka confirms that she has entered into the settlement with the petitioners of her own accord without any inducement or threat from any corner. She states that the compromise deed annexed to the petition m
2011:DHC:12503 bears her signatures as well as the signatures of petitioner No. 1 on all the pages. She states that it was agreed that petitioner No.l shall pay a sum of ? 6 lakhs to her in full and final settlement of her claim for dowry articles, 'stridhan' as well as maintenance-present, past & future. She further states that she has already received the aforesaid amount of ? 6 lakhs and now, there is no dispute left between her and the petitioners, thus, she does not want any action against the petitioners on her FIR and she has no objection, if the FIR is quashed.
Learned APR 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 instant FIR. Accordingly, FIR No. 151/2010 under Sections 498A/406/34 IRC registered at P.S. Sector 23, Dwarka and the proceedings arising out of the same are quashed.
Petition stands disposed of.
(AJIT BHARIHOKE)
JUDGE
JUNE 01, 2011 akb
2011:DHC:12503
% 01.06.2011
\
Present: Petitioners in person with jVjr. Rajpal Singh, Advocate, who identifies them.
Ms. Santosh Kohii, APP for the State/respondent No.l with
Investigating Officer SI J.R.Meena, P.S. Sector 23, Dwarka, who identifies the complainant/R-2.
Respondent No. 2 in person with Mr.A.K.Jha, Advocate.
+Crl.M.C. 1887/2011 & Crl.M.A.6742/2011 (stay)
# This is a petition under Section 482 Cr.P.C. seeking quashing of FIR
No. 151/2010 under Sections 498A/406/34 IPC registered at P.S. Sector
23, Dwarka on the complaint of the respondent No.2.
Ground for seeking quashing is that the FIR was the result of marital discord, which has been amicably settled and the parties have reduced the settlement into a compromise deed signed by the petitioner No. 1 and the respondent No.2.
It is submitted by learned counsel for the petitioners that the parties have amicably settled the matter and now, there is no dispute left between them, therefore, no purpose shall be served by prosecuting the petitioners on the basis of FIR. He also submits that the petitioners are respectable persons, having no criminal record or involvement in breach of law.
Respondent No. 2, who is identified by her counsel Sh. A.K.Jha, Advocate as well as the Investigating Officer SI J.R.Meena, P.S. Sector 23, Dwarka confirms that she has entered into the settlement with the petitioners of her own accord without any inducement or threat from any corner. She states that the compromise deed annexed to the petition m
2011:DHC:12503 bears her signatures as well as the signatures of petitioner No. 1 on all the pages. She states that it was agreed that petitioner No.l shall pay a sum of ? 6 lakhs to her in full and final settlement of her claim for dowry articles, 'stridhan' as well as maintenance-present, past & future. She further states that she has already received the aforesaid amount of ? 6 lakhs and now, there is no dispute left between her and the petitioners, thus, she does not want any action against the petitioners on her FIR and she has no objection, if the FIR is quashed.
Learned APR 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 instant FIR. Accordingly, FIR No. 151/2010 under Sections 498A/406/34 IRC registered at P.S. Sector 23, Dwarka and the proceedings arising out of the same are quashed.
Petition stands disposed of.
(AJIT BHARIHOKE)
JUDGE
JUNE 01, 2011 akb
2011:DHC:12503
JUDGMENT