Vijay Kumar & Ors v. State & Anr

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28.09.2010 Present: Mr.Avadh Bihari Kaushik, Advocate for the petitioners with petitioners In person. Mr.Pawan K. Bahl, APP for respondent no.1/State. Ms.Manpreet Kaur, Advocate for respondent no.2 with respondent no.2 in person. +Crl.M.C. 3096/2010 & CrI.M.A. No.15708/2010 This is a petition under Section 482 Cr.P.C. seeking quashing of FIR No.1231/2006 under Sections 498A/406/34 IPG registered at P.S. Dabri on the complaint of respondent no.2. The ground for seeking quashing is that the parties, after registrationof the FIR, have arrived at an amicable settlement and now there is no dispute left between them. The terms of settlement are placed on record as Annexure P-3, which Memorandum of Understanding is signed by petitioner no.1 and respondent no.2. The petitioners are present in person and they are identifiedby their counsel Mr.Avadh Bihari Kaushik. Respondent no.2 is present in person and she is identified by her counsel Ms.Manpreet Kaur. Petitioners as well as respondent no.2 confirmthat they have amicablysettled the matter and now there is no dispute left between them. Petitioner no.1 and respondent no.2 also confirm that the ternris of settlement are recorded in the Memorandumof Understandingannexed to the petitionand it bears their signature. Respondentno.2 submitsthat she has arrived at settlementwith the petitionersof her own accord withoutany inducementorthreatfrom any cornerand now there is Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. .4 V no dispute left between the parties as petitioner no.1 has already paid her balance of ? 30,000/- in cash as the last installment in terms of the settlement arrived at between the parties. She further states that now there is no dispute left and she does not want any action against the petitioners on the basis of the FIR registered at her instance. According to her, the parties have obtained a consent divorce from Family Courts, Dwarka. Learned APR submits that in view of the fact that parties have arrived at an amicable settlement, the State has no objection if the FIR as well as proceedings arising out of the same are quashed. Since the parties have amicably fettled the matter and now there is no dispute left between the parties, I find that no useful purpose shall be served in keeping FIR No.1231/2006, P.S. Dabri and the proceedings arising out of the same alive. . AccordinglyFIR No.1231/2006, P.S. Dabri and the proceedings arising out of the same are hereby quashed. The petition as well as pending application is disposed of. AJIT BHARIHOKE (JUDGE) SEPTEMBER 28, 2010 gm