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Delhi High Court · 14 Dec 2010 · 2010:DHC:9243
Ajit Bharihoke
2010:DHC:9243
criminal appeal_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC arising from marital discord following an amicable settlement between the parties through mediation.

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#38
14.12.2010
Present: Mr.A.AIann, Advocate for the petitioners with petitioners, in person.
Ivir.R.N.Vats, APP for the respondent/State with Insp.Babu Lai, P.S.Jama Masjid. jvlr.Ajay M.Lai, Advocate for the respondent No. 2 with respondent No. 2 in person.
+Crl.M.A.18516/2010 (for exemption)
Exemption allowed subject to all just exceptions.
Application stands disposed of.
^ CrI.M.C. 3875/2010
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR
No. 39/2010 under Sections 498A/406/34 IPG registered at P.S. Jama
Masjid on the complaint of the respondent No. 2.
The ground for seeking quashing is that the FIR was the result of marital discord, which has now been amicably settled before the
Mediation Cell, Tis Hazari Courts and the terms of settlement are reduced into writing, copy of which is placed on record.
Petitioners are present in person. They are identified by their counsel Sh. A.AIam, Advocate.
Respondent No. 2 is also present. She is identified by her counsel
Sh. Ajay M. Lai, Advocate.
Parties confirm that they have amicably settled their marital discord during mediation and the terms of settlement have been reduced into writing and signed by the petitioner No. 1 and the respondent No. 2.
2010:DHC:9243
Respondent No. 2 confirms that she has settled the dispute with th"^ petitioners of her own accord without any inducement or threat from any corner and pursuant to the settlement, she has already received a sum of
? 1,50,000/- and today, she has received ? 1,00,000/- in cash in full and final settlement in terms of the compromise. Respondent No. 2 further states that now, there is no dispute left between her and the petitioners and she does not want any action against the petitioner on her FIR and that, she has no objection ifthe FIR as well as the proceedings arising out
>of the same are quashed.
Learned APP submits that taking into account that the FIR is the result of marital discord and parties have amicably settled the matter.
State has no objection if the instant FIR and the proceedings arising out the same are quashed in the interest of amicable and harmonious relations between the parties.
Since the parties have settled the matter in dispute amicably and the FIR is the result of marital discord which has now been amicably
Ll^settled, Ifind that no useful purpose will be served in keeping the matter alive. Accordingly FIR No. 39/2010 under Sections 498A/406/34 IPC registered at P.S. Jama Masjid and the proceedings emanating therefrom are quashed.
Petition stands disposed of.
(AJIT BHARIHOKE)
JUDGE
DECEMBER 14, 2010
2010:DHC:9243
JUDGMENT