Mohini & Ors v. State & Anr

ORDER %

07.11.2012 Present two petitions have been filed under Section 482 Cr.P.C. seeking quashing of two FIRs. While the first FIR No. 169/2011 has been registered with Police Station Pandav Nagar, Delhi under Sections 406/498AIPC by Ms. Mohini-wife,the second FIR No. 294/2011 has been registered with Police StationRohini South, Delhiby Mi". AdityaKumar-husbandunder Sections312/315/34IPC. Learned counsel for husband and wife have drawn this Court's attention to the SettlementAgreementdated 22"'' February,2012 executedbetweenthe partiesbeforethe DelhiMediationCentre,KarkardoomaCourts,Delhiwherein all issues between the paities have been resolved. Both the learned counsel further state that marriage between the husband and wife has been dissolvedby a Decree of Divorce passed by mutual consent by the trialCourton 25"^ October,2012. Both the learned counsel also state that in pursuance to the last order, the wife has met the minor child, namely, Anshika Kokhar at the husband's residenceon 02"^"November,2012. Present petitions are also supported by the affidavits of Mr. Aditya Kumar-husband and Ms. Mohini-wife. Both Mr. Aditya Kumai-husbandand Ms. Mohini-wifeare personally present in Court and they have been identifiedby their counsel as well as by InvestigatingOfficers ofthe aforesaidFIRs. Ms. Mohini-wifestatesthattoday CRL.M.C. 941/2012 & Crl.M.C. 942/2012 page 2 of 3. she has received the balance payment of ? 1,50,000/- by way of Banker's Cheque bearingNo. 104904 dated 25'^' October, 2012 drawn on The Kangra Co-operative Bank Ltd. C-3/7, Prashant Vihar, Sector-14, Rohini, Delhi-110085 branch in full and final settlement of all her claims. Both Mr. Aditya Kumar-husband and Ms. Mohini-wife state that in view of the amicably resolution of their disputes, they are no longer interested in pursuing the aforesaid FIRs. Ml-. Aditya Kumar-husbandwho is personallypresent in Court also undertakes and assures this Court that he has no objection to his wife-Ms.Mohini'smeeting their minor child once a fortnightat his residenceafter fixing a suitable time. The aforesaid assurance and undertaking given by Mr. Aditya Kumar-husbandis acceptedby this Courtand he isheld boundby the same. Keepingin view the aforesaid,this Court sees no purposein continuing the present proceedings any fiirther and accordingly, FIRs No. 169/2011 registeredwith Police Stafion Pandav Nagar, Delhi and 294/2011 registered with Police Station Rohini South, Delhi as well as any other consequential proceedingsarisingtherefromare quashed. The petitionsstanddisposedofintheaforesaidterms. Order dasti. 1_J MANMOHANt^ NOVEMBER 07, 2012 js CRLM.C. 941/2012&Crl.M.C. 942/2012 page3 of3.

2&3 IN THE HIGH COURT OF DELHI AT NEW DELHI 2. + CRL.M.C. 941/2012 ADITYA KUMAR & ORS. Petitioners Thi-ough:Mr. Vimal Kumar Goswami, Advocate for petitioners with Mr. Aditya Kumar, petitioner No. 1 in person. versus STATE OF NCT OF DELHI & ANR. Respondents Through:Ms. Jasbir Kaur, APP for Statewith SI Manoj, P.S. Rohini South, Delhi. Mr. Shahid Ali, Advocate for respondent No.2. Ms. Mohini, respondent No.2 in person. And 3. + CRL.M.C. 942/2012 MOHINI & ORS Petitioners ThroughMr. ShahidAli, Advocate for petitioners with Ms. Mohini, petitioner No.1 in person. versus STATE & ANR Respondents Through:Ms. JasbirKaur,APP for Statewith SI Ramvir Singh, P.S. Pandav Nagar, Delhi. Mr. Vimal Kumar Goswami, Advocate with Mr. Aditya Kumar, respondent No.2 in person. CRL.M.C. 941/2012& CrI.M.C.942/2012 page 1 of 3. CORAM: HON'BLE MR. JUSTICE MANMOHAN