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#38
15.12.2010
Present: Ms. Madhulika Sarin, Advocate for the petitioners with petitioners in person.
Ms.Fizani Husain, APP for the respondent/State with 10 Si
P.C.Yadav, P.S. CAW Cell, Nanakpura.
+Crl.M.C.3880/2010
This is a joint petition under Section 482 Cr.P.C. filed by petitioners
No. 1 & 3 on one hand and petitioner No. 2 on the other hand seeking quashing of FIR No. 17/2008, under Sections 406/498A/34 IPC registered at P.S. CAW Cell, Nanakpura on the complaint of petitioner No. 2.
The reason for seeking quashing is that the FIR is the result of matrimonial discord which has now been amicably settled between the parties and now, there is no dispute left between them.
Petitioners are present in person. They are identified by their counsel Ms. Madhulika Sarin, Advocate as well as 10 SI P.C.Yadav, P.S.
CAW Cell, Nanakpura.
The petitioners No. 1 & 2 confirm that they have settled the matter amicably and they have agreed to obtain a consent divorce in respect of which, petition under Section 13 (B)(1) of the Hindu Marriage Act, 1955 has been filed in the matrimonial court, Karkardooma, Delhi wherein the terms of settlement are specified. It is stated by the petitioners that pursuant to the said petition, a joint statement of petitioner No. 1 and petitioner No. 2 was recorded by the learned Additional Sessions Judge
2010:DHC:9309 wherein, all the terms of settlement are Gategorically spelled out and that statement is also placed at Page 44 of this petition.
Petitioner No. 2 submits that she has arrived at an amicable settlement without any inducement or threat from any corner and as per the settlement, petitioner No. 1 has agreed to pay her (petitioner No. 2) a sum of ? 3 Lakhs out of which, ? 1,50,000/- has been received by her and balance sum of ? 1,50,000/- shall be paid at the time of second notion in the divorce proceedings. She states that it is also agreed that minor child
Samaksh Raj shall remain with her. She further states that since the matter has been amicably resolved and no dispute is left between her and the petitioners No. 1 & 3, she does not want any action against the petitioners No. 1 & 3 on her FIR and that, she has no objection if the FIR as well as the proceedings arising out of the same is quashed.
Petitioners No. 1 & 3 confirm the terms of the settlement spelled out by the petitioner No. 2 and undertake to abide by said terms. It is agreed by petitioners No. 1 & 2 that as regards child Samaksh Raj, his right to claim maintenance from either of the parents shall not be affected because of this compromise.
Learned Ms. Fizani Husain, APP submits that in view of the amicable settlement arrived at between the parties. State has no objection if the
FIR as well as the proceedings arising out of the same are quashed.
Since the parties have arrived at a settlement and now there is no dispute left, no useful purpose will be served in keeping the matter alive and prosecuting Petitioner Nos.l&3. Accordingly FIR No. 17/2008, under
Sections 406/498A/34 IPG registered at P.S. CAW Cell, Nanakpura and the proceedings emanating therefrom are quashed.
Parties shall be bound by the terms of settlement.
Petition stands disposed of.
Order dasti.
DECEMBER 15, 2010 akb
(AJIT BHARIHOKE)
JUDGE
15.12.2010
Present: Ms. Madhulika Sarin, Advocate for the petitioners with petitioners in person.
Ms.Fizani Husain, APP for the respondent/State with 10 Si
P.C.Yadav, P.S. CAW Cell, Nanakpura.
+Crl.M.C.3880/2010
This is a joint petition under Section 482 Cr.P.C. filed by petitioners
No. 1 & 3 on one hand and petitioner No. 2 on the other hand seeking quashing of FIR No. 17/2008, under Sections 406/498A/34 IPC registered at P.S. CAW Cell, Nanakpura on the complaint of petitioner No. 2.
The reason for seeking quashing is that the FIR is the result of matrimonial discord which has now been amicably settled between the parties and now, there is no dispute left between them.
Petitioners are present in person. They are identified by their counsel Ms. Madhulika Sarin, Advocate as well as 10 SI P.C.Yadav, P.S.
CAW Cell, Nanakpura.
The petitioners No. 1 & 2 confirm that they have settled the matter amicably and they have agreed to obtain a consent divorce in respect of which, petition under Section 13 (B)(1) of the Hindu Marriage Act, 1955 has been filed in the matrimonial court, Karkardooma, Delhi wherein the terms of settlement are specified. It is stated by the petitioners that pursuant to the said petition, a joint statement of petitioner No. 1 and petitioner No. 2 was recorded by the learned Additional Sessions Judge
2010:DHC:9309 wherein, all the terms of settlement are Gategorically spelled out and that statement is also placed at Page 44 of this petition.
Petitioner No. 2 submits that she has arrived at an amicable settlement without any inducement or threat from any corner and as per the settlement, petitioner No. 1 has agreed to pay her (petitioner No. 2) a sum of ? 3 Lakhs out of which, ? 1,50,000/- has been received by her and balance sum of ? 1,50,000/- shall be paid at the time of second notion in the divorce proceedings. She states that it is also agreed that minor child
Samaksh Raj shall remain with her. She further states that since the matter has been amicably resolved and no dispute is left between her and the petitioners No. 1 & 3, she does not want any action against the petitioners No. 1 & 3 on her FIR and that, she has no objection if the FIR as well as the proceedings arising out of the same is quashed.
Petitioners No. 1 & 3 confirm the terms of the settlement spelled out by the petitioner No. 2 and undertake to abide by said terms. It is agreed by petitioners No. 1 & 2 that as regards child Samaksh Raj, his right to claim maintenance from either of the parents shall not be affected because of this compromise.
Learned Ms. Fizani Husain, APP submits that in view of the amicable settlement arrived at between the parties. State has no objection if the
FIR as well as the proceedings arising out of the same are quashed.
Since the parties have arrived at a settlement and now there is no dispute left, no useful purpose will be served in keeping the matter alive and prosecuting Petitioner Nos.l&3. Accordingly FIR No. 17/2008, under
Sections 406/498A/34 IPG registered at P.S. CAW Cell, Nanakpura and the proceedings emanating therefrom are quashed.
Parties shall be bound by the terms of settlement.
Petition stands disposed of.
Order dasti.
DECEMBER 15, 2010 akb
(AJIT BHARIHOKE)
JUDGE
JUDGMENT