Full Text
Translation output
r
#42
% 18.05.2011
Present: Petitioners in person with ivir. Harish Sharma, Advocate, who identifies the petitioners.
Ms. Santosh Kohli, APP for the State/respondent No.l with Insp.
Sunii Kumar, P.S.Naraina.
Respondent No.2 Neeti Kamra in person with ivir. Dhanesh Reian, Advocate, who identifies her.
+Crl.M.A.No.5884/2011(Exemption)
Exemption allowed, subject to all just exceptions.
^ Application stands disposed of.
CrI.M.C. 1601/2011
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR NO. 296/2006 under Sections 498A/406/34 IPC registered at P.S. Naraina on the complaint of the respondent No.2.
Ground for seeking quashing is that the FIR was the result of marital discord between the parties, which has been amicably settled and now, there is no dispute left.
It is stated on behalf of the parties that they have arrived at an amicable settlementin mediation proceedings at Mediation Centre, Dwarka and pursuant
\ to the settlement, petitioner No. 1and respondent No.2 have obtained consent divorce. Petitioners had agreed to pay a sum of ? 4 lakhs to the respondent NO. 2 in full and final settlement of her claim for 'streedhan' and maintenance- present, past and future, out of which, ? 3 lakhs have already been paid through two demand drafts of ^ 1,50,000/- each and balance ? 1 lakh is being paid today vide a demand draft bearing No. 354873 dated 28'^ March, 2011 for ? 1 lakh drawn on Bank of Maharashtra, Paschim Vihar, Delhi.
Respondent No. 2, who is identified by her counsel Sh. Dhanesh Relan, Advocate states that she has arrived at a settlement with the petitioners of her
2011:DHC:15455
#42
% 18.05.2011
Present: Petitioners in person with ivir. Harish Sharma, Advocate, who identifies the petitioners.
Ms. Santosh Kohli, APP for the State/respondent No.l with Insp.
Sunii Kumar, P.S.Naraina.
Respondent No.2 Neeti Kamra in person with ivir. Dhanesh Reian, Advocate, who identifies her.
+Crl.M.A.No.5884/2011(Exemption)
Exemption allowed, subject to all just exceptions.
^ Application stands disposed of.
CrI.M.C. 1601/2011
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR NO. 296/2006 under Sections 498A/406/34 IPC registered at P.S. Naraina on the complaint of the respondent No.2.
Ground for seeking quashing is that the FIR was the result of marital discord between the parties, which has been amicably settled and now, there is no dispute left.
It is stated on behalf of the parties that they have arrived at an amicable settlementin mediation proceedings at Mediation Centre, Dwarka and pursuant
\ to the settlement, petitioner No. 1and respondent No.2 have obtained consent divorce. Petitioners had agreed to pay a sum of ? 4 lakhs to the respondent NO. 2 in full and final settlement of her claim for 'streedhan' and maintenance- present, past and future, out of which, ? 3 lakhs have already been paid through two demand drafts of ^ 1,50,000/- each and balance ? 1 lakh is being paid today vide a demand draft bearing No. 354873 dated 28'^ March, 2011 for ? 1 lakh drawn on Bank of Maharashtra, Paschim Vihar, Delhi.
Respondent No. 2, who is identified by her counsel Sh. Dhanesh Relan, Advocate states that she has arrived at a settlement with the petitioners of her
2011:DHC:15455
own accord without any inducement or threat. She confirms that she signed the settlement arrived at in mediation. She also confirms that pursuant to the settlement, she has already received ? 3 lakhs from the petitioners and balance
? 1 lakh is received today by her vide a bank draft for ? 1 lakh drawn on Bank of
Maharashtra, Pashcim Vihar, Delhi. Respondent No. 2 further states that with the receipt of above referred bank draft, 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 ifthe FIR is quashed.
Petitioners as well as the respondent No. 2 have signed the copy of the
^ settlement recorded in Mediation Centre in token of their confirming the authenticity of the copy.
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 by prosecuting the petitioners on the basis of FIR. Accordingly, FIR No. 296/2006 under Sections
498A/406/34 IRC registered at P.S. Naraina and the proceedings arising out of the same are quashed. slU Petition stands disposed of.
(AJITBh)^H^E)
JUDGE
MAY 18, 2011 akb
2011:DHC:15455
? 1 lakh is received today by her vide a bank draft for ? 1 lakh drawn on Bank of
Maharashtra, Pashcim Vihar, Delhi. Respondent No. 2 further states that with the receipt of above referred bank draft, 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 ifthe FIR is quashed.
Petitioners as well as the respondent No. 2 have signed the copy of the
^ settlement recorded in Mediation Centre in token of their confirming the authenticity of the copy.
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 by prosecuting the petitioners on the basis of FIR. Accordingly, FIR No. 296/2006 under Sections
498A/406/34 IRC registered at P.S. Naraina and the proceedings arising out of the same are quashed. slU Petition stands disposed of.
(AJITBh)^H^E)
JUDGE
MAY 18, 2011 akb
2011:DHC:15455
JUDGMENT