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#38
21.01.2011
Present: Petitioner No. 1 in person with Mr.P.K.Chaudhary, Advocate for the petitioners No. 1 to 14.
Petitioner No. 15/complainant in person with Ms, Shagufta
Afraz, Advocate.
Mr.R.N. Vats, APP for the State/respondent With 10 SI Parmod
Kumar, P.S. Ashok Vihar.
+Crl.M.A.757/2011 (exemption)
Exemption allowed subject to all just exceptions.
Application stands disposed of.
CrIM.C. 181/2011
This is a joint petition under Section 482 Cr.P.C. seeking quashing of the FIR No. 519/2007 under Sections 406/498A/34 IPC, P.S. Ashok Vihar registered on the complaint of the petitioner No. 15.
The ground for seeking quashing is that the parties have arrived at an amicable settlement and pursuant to the compromise, petitioner No. 1 has agreed to pay a sum of Rs. 4,10,000/- to the petitioner No. 15 in full and final settlement of her entire claim towards dowry/jewellery, 'stridhan', maintenance, past & future and permanent alimony besides a sum of Z 37,500/- towards execution, out of which, Rs. 1,00,000/- is yet to be paid which is being paid today to her in cash.
PetitiOner No. 1 is present. He is identified by his counsel
Mr.P.K.Chaudhary, Advocate.
Petitioner No. 15/complainant is also present. She is identified by her counsel Ms. Shagufta Afraz, Advocate as well as 10 SI Parmod Kumar, P.S. Ashok Vihar.
2011:DHC:12169
4 721-
Petitioner No. 1 and the complainant/petitioner No. 15 confirm that they have arrived at a compromise and now there is no dispute left between the petitioners.
Petitioner No. 15 submits that she has arrived at a settlement with other petitioners of her own accord without any inducement or threat from any corner and out of the settlement amount, she has already received the execution amount and Z 3,10,000/- and remaining 7 1 Lakh is received by her today in the court. She further states that she does not want any action against the other , petitioners on her FIR and that, she has no objection if the FIR as well as the proceedings arising out of the same are quashed.
Learned APP appearing for the State submits that in view of the compromise arrived at between the parties, State has no objection to the quashing of the FIR.
Since the matter, has been amicably, resolved between the petitioner
No. 15/complainant and the other petitioners and there is no dispute left, I am of the opinion that no useful purpose shall be served by keeping the instant matter alive. Accordingly, FIR No. 519/2007 under Sections
406/498A/34 IPC, P.S. Ashok Vihar and the proceedings arising therefrom are hereby quashed.
Petition stands disposed of.
(AJIT BHARIHOKE)
JUDGE
JANUARY 21, 2011
2011:DHC:12169
21.01.2011
Present: Petitioner No. 1 in person with Mr.P.K.Chaudhary, Advocate for the petitioners No. 1 to 14.
Petitioner No. 15/complainant in person with Ms, Shagufta
Afraz, Advocate.
Mr.R.N. Vats, APP for the State/respondent With 10 SI Parmod
Kumar, P.S. Ashok Vihar.
+Crl.M.A.757/2011 (exemption)
Exemption allowed subject to all just exceptions.
Application stands disposed of.
CrIM.C. 181/2011
This is a joint petition under Section 482 Cr.P.C. seeking quashing of the FIR No. 519/2007 under Sections 406/498A/34 IPC, P.S. Ashok Vihar registered on the complaint of the petitioner No. 15.
The ground for seeking quashing is that the parties have arrived at an amicable settlement and pursuant to the compromise, petitioner No. 1 has agreed to pay a sum of Rs. 4,10,000/- to the petitioner No. 15 in full and final settlement of her entire claim towards dowry/jewellery, 'stridhan', maintenance, past & future and permanent alimony besides a sum of Z 37,500/- towards execution, out of which, Rs. 1,00,000/- is yet to be paid which is being paid today to her in cash.
PetitiOner No. 1 is present. He is identified by his counsel
Mr.P.K.Chaudhary, Advocate.
Petitioner No. 15/complainant is also present. She is identified by her counsel Ms. Shagufta Afraz, Advocate as well as 10 SI Parmod Kumar, P.S. Ashok Vihar.
2011:DHC:12169
4 721-
Petitioner No. 1 and the complainant/petitioner No. 15 confirm that they have arrived at a compromise and now there is no dispute left between the petitioners.
Petitioner No. 15 submits that she has arrived at a settlement with other petitioners of her own accord without any inducement or threat from any corner and out of the settlement amount, she has already received the execution amount and Z 3,10,000/- and remaining 7 1 Lakh is received by her today in the court. She further states that she does not want any action against the other , petitioners on her FIR and that, she has no objection if the FIR as well as the proceedings arising out of the same are quashed.
Learned APP appearing for the State submits that in view of the compromise arrived at between the parties, State has no objection to the quashing of the FIR.
Since the matter, has been amicably, resolved between the petitioner
No. 15/complainant and the other petitioners and there is no dispute left, I am of the opinion that no useful purpose shall be served by keeping the instant matter alive. Accordingly, FIR No. 519/2007 under Sections
406/498A/34 IPC, P.S. Ashok Vihar and the proceedings arising therefrom are hereby quashed.
Petition stands disposed of.
(AJIT BHARIHOKE)
JUDGE
JANUARY 21, 2011
2011:DHC:12169
JUDGMENT