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#41
28.01.2011
Present: Petitioners No.l, 2 & 4 in person with Mr. R.S. Gill, Advocate.
Mr. R.N. Vats, APP for the State/respondent No.l along with SI
A. Khan, P.S. Bawana.
Respondent No.2 in person with Mr. Vivel< Luthra, Advocate.
+Crl.M.A.No.981/2011(exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
+Crl.M.C. No.242/2011
This is a petition under Section 482 Cr.P.C. seeking quashing of the
FIR No.192/2009 under Sections 498A/406 P.S. Bawana registered on the complaint of respondent No.2.
Ground for seeking quashing is that the petitioners and respondent
No.2 have arrived at a settlement (terms of settlement are detailed in
^ para 8 of the petition) and now there is no dispute left between them.
Petitioners No.l, 2 & 4 are present. They are identified by Mr. R.S.Gill, Advocate. Respondent No.2 is present. She is identified by her counsel Mr. Vivek Luthra, Advocate as well as by SI A. Khan, P.S. Bawana.
Petitioner No.l and respondent No.2 confirm that they have amicably settled the matter, which is mentioned in para 8 of the petition which bears the signatures of all the petitioners. As per the terms of settlement, petitioners were to pay ^4,25,000/- to respondent No.2
2011:DHC:12336 towards the settlement of all the claim of dowry, stridhan, past, present and future maintenance and permanent alimony to the respondent No.2, out of which ?3,00,000/- have already been paid to respondent No.2 and balance ?1,25,000/- is being paid today vide a bankers cheque
No.914320 dated 05.01.2011 for ?1,25,000/- in favour of respondent No.2 drawn on State Bank of India, Khera Khurd Branch.
Respondent No.2 submits that she has amicably settled the matter with petitioner No.l of her own accord, without any inducement or pressure from any corner. In terms of settlement, she has already received ?3,00,000/- and has received today balance ?1,25,000/- by way of bankers cheque bearing No.914320 dated 05.01.2011 issued by State
Bank of India, Khera Khurd Branch, and now there is no dispute left between them and states that she does not want any action against the petitioners on her complaint and she has no objection if the FIR is quashed.
Learned Shri R.N. Vats, APP appearing on behalf of the State submits that in view of the compromise arrived at between the parties.
State has no objection in case the FIR and the proceedings emanating therefrom are quashed.
Since the parties have arrived at a compromise, I feel that no useful purpose shall be served in keeping the FIR and the proceedings arising out of the same alive. Therefore, the FIR No.192/2009 P.S. Bawana and proceedings arising out of the same are quashed.
Parties shall remain bound by the terms of the settlement.
Petition stands disposed of.
JANUARY 28, 2011 pst
\
(AJIT BHARIHOKE)
JUDGE
28.01.2011
Present: Petitioners No.l, 2 & 4 in person with Mr. R.S. Gill, Advocate.
Mr. R.N. Vats, APP for the State/respondent No.l along with SI
A. Khan, P.S. Bawana.
Respondent No.2 in person with Mr. Vivel< Luthra, Advocate.
+Crl.M.A.No.981/2011(exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
+Crl.M.C. No.242/2011
This is a petition under Section 482 Cr.P.C. seeking quashing of the
FIR No.192/2009 under Sections 498A/406 P.S. Bawana registered on the complaint of respondent No.2.
Ground for seeking quashing is that the petitioners and respondent
No.2 have arrived at a settlement (terms of settlement are detailed in
^ para 8 of the petition) and now there is no dispute left between them.
Petitioners No.l, 2 & 4 are present. They are identified by Mr. R.S.Gill, Advocate. Respondent No.2 is present. She is identified by her counsel Mr. Vivek Luthra, Advocate as well as by SI A. Khan, P.S. Bawana.
Petitioner No.l and respondent No.2 confirm that they have amicably settled the matter, which is mentioned in para 8 of the petition which bears the signatures of all the petitioners. As per the terms of settlement, petitioners were to pay ^4,25,000/- to respondent No.2
2011:DHC:12336 towards the settlement of all the claim of dowry, stridhan, past, present and future maintenance and permanent alimony to the respondent No.2, out of which ?3,00,000/- have already been paid to respondent No.2 and balance ?1,25,000/- is being paid today vide a bankers cheque
No.914320 dated 05.01.2011 for ?1,25,000/- in favour of respondent No.2 drawn on State Bank of India, Khera Khurd Branch.
Respondent No.2 submits that she has amicably settled the matter with petitioner No.l of her own accord, without any inducement or pressure from any corner. In terms of settlement, she has already received ?3,00,000/- and has received today balance ?1,25,000/- by way of bankers cheque bearing No.914320 dated 05.01.2011 issued by State
Bank of India, Khera Khurd Branch, and now there is no dispute left between them and states that she does not want any action against the petitioners on her complaint and she has no objection if the FIR is quashed.
Learned Shri R.N. Vats, APP appearing on behalf of the State submits that in view of the compromise arrived at between the parties.
State has no objection in case the FIR and the proceedings emanating therefrom are quashed.
Since the parties have arrived at a compromise, I feel that no useful purpose shall be served in keeping the FIR and the proceedings arising out of the same alive. Therefore, the FIR No.192/2009 P.S. Bawana and proceedings arising out of the same are quashed.
Parties shall remain bound by the terms of the settlement.
Petition stands disposed of.
JANUARY 28, 2011 pst
\
(AJIT BHARIHOKE)
JUDGE
JUDGMENT