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Present: Petitioner Nos. 1 and 2 are present in person with Mr. Sunil
Kumar and Mr.Neeraj Shah, Advs. for the Petitioner Nos. 1 to 5.
Mr. R.N.Vats, APP for the State/respondent No.l with SI
Sumesh Chand, P.S. Narela.
Respondent No.2 in person with Mr.Jitendra Kumar Kalson, Adv.
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+CrL
M.A. No. 18687/2010
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
Crl.M.C. 3921/2010
JUDGMENT
1 This is a petition seeking quashing of FIR No.446/2007 under Sections 498-A/406/34 IPG registered at Police Station Narela on the complaint of respondent No.2.
2 Petitioners are seeking quashing of FIR on the ground that the FIR is the result of matrimonial dispute which has since been amicably settled with respondent No.2 and now there is no dispute left between the parties.
3 Petitioner Nos. 1 and 2 are present in person. They are identified by their counsel Mr.Sunil Kumar, Advocate, who states that other petitioners are unable to come because petitioner No.3 is an old lady and petitioner Nos. 4 and 5 are students.
4 Respondent No.2 is identified by her counsel Mr.Jitendra Kumar, Advocate and the Investigation Officer SI Suresh Chand, P.S. Narela. 2010:DHC:10466
5 Parties confirm that they have amicably settled the matter in dispute and pursuant to the settlement, they have obtained consent divorce decree. It is submitted that as per the terms of settlement which are recorded in the judgment of the matrimonial court placed at page No.24 of this petition as Annexure-II, the petitioners have agreed to pay a sum of Rs.2,00,000/- to respondent No.2 in full and final settlement of her claim in respect of istridhan and maintenance. Out of the settled amount, a sum of Rs. 1,50,000/- has already been paid and the balance amount of Rs.50,000/- is being paid today through a bankers cheque No.7198689 issued by State Bank of India for Rs.50,000/- dated 03.12.2010 and with this payment, the entire dispute has come to an end.
6 Respondent No.2 confirms that she has voluntarily arrived at an amicable settlement with the petitioners without any undue influence or pressure from any corner. She confirms that as per the settlement, today she has received bankers cheque of Rs.50,000/- as last installment of the settled amount and now, there is no dispute left between the parties. She states that since the matter has been amicably resolved, she does not want any action against the petitioners on her complaint which is filed on the basis of FIR No.446/2007 P.S. Narela and she has no objection if the FIR and proceedings arising of the same are quashed.
7. Learned Sh. R.N.Vats, AFP for the State submits that since the parties have amicably settled the matter, the State has no objection if the present FIR as well as the proceedings arising out of the same are quashed.
8 Since the parties have amicably settled the matter, 1 find no purpo I in keeping this matter alive. Accordingly, FIR No. 446/2007, P.S. Narela and proceedings emanating from the same are hereby quashed.
AJIT BHARIHOKE (JUDGE)