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Delhi High Court · 25 May 2011 · 2011:DHC:10466
Ajit Bharihoke
Crl.M.C. No.1389/2011
2011:DHC:10466
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC based on an amicable settlement and consent of the complainant, exercising its inherent powers under Section 482 Cr.P.C.

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#6
% 25.05.2011
Present: Petitioners in person with Mr.Ashish Kumar, Advocate.
Ms.Santosh Kohli, APP for the State/respondent No.l.
Respondent in person with Mr.Murari Chaudhary, Advocate.
• +Crl.M.C. No.1389/2011
JUDGMENT

1. This is a petition under Section 482 Cr.P.C. seeking quashing of FIR No.1425/2007 under Sections 498A/406/34 IPC registered at P.S. Sultanpuri, Delhi on the complaint of the respondent No.2. 2; Ground for seeking quashing is that the FIR is the result of matrimonial discord, which has been amicably settled and now, there is no dispute left between the parties. Memorandum of Understanding/Compromise Deed purported to have been signed by petitioner No.l and thumb marked by respondent No.2 is annexed to the petition. Both petitioner No.l and respondent No.2 confirm having signed/thumb marked the Compromise Deed and undertake to abide by the terms of settlement.

3. Respondent No. 2 confirms that she has entered into a settlement with the petitioners of her own accord without any inducement or threat. She submits that terms of settlement were reduced into writing and she thumb marked the same. Pursuant to the compromise, she has obtained consent divorce from petitioner No.l and as per the compromise, petitioner No.l had agreed to pay her a sum of ?1,15,000/- in full and final settlement of all her 2011:DHC:10466 claims for stridhan and maintenance, present and future. She states that out of the agreed amount, ^ 80,000/- has already been paid to her vide two Pay Orders for ?40,000/- each and balance ?35,000/-, she has received today vide a Pay Order No.343219 dated 25"" May, 2011 drawn on UCO Bank, Delhi High Court Branch. Respondent No.2 states that with the receipt of the ^ above Pay Order, her claims stand satisfied and now there is no dispute left between her and the petitioners. She, therefore, does not want them to be prosecuted on her FIR and she has no objection if the FIR is quashed.

4. Ms.Santosh Kohli, learned APP appearing for the State submits that taking into account the nature of offence and the fact that parties have settled the matter, State has no objection if the FIR and the proceedings emanating therefrom are quashed.

5. 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 0, petitioners on the basis of instant FIR. Accordingly, FIR No.1425/2007 under Sections 498A/406/34 IPG registered at P.S. Sultanpuri, Delhi and the V proceedings arising out of the same are quashed.

6. Petition stands disposed of. (AJIT BHARIHOKE) r JUDGE MAY 25, 2011 ks