Umesh & Ors v. State

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18.11.2010 Present: Mr. Rajeshwar P. Gupta, Advocate for the petitioners. Ms. Fizani Husain, APP for the State. Mr. Vijendra Singh Baghel, Advocate for respondent No.2 with respondent No.2 in person. CrI.M.A. NO.17066/2010 Exemption allowed, subject to all just exceptions. '=# Application stands disposed of. CrI.M.A. N0.17460/2010(for restoration) in CrI.M.C. No.3463/2010 Heard. In view of the reasons given in the application, petition is restored to its original number. Application stands disposed of. CrI.M.C. No.3463/2010 ^ This is a petition seeking quashing of FIR No.80/2009 under Sections 498A/406/34 IPG P.S. Najafgarh on the ground that the petitioners and respondent No.2 have amicably settled the matter. The ground for quashing of the FIR is that the FIR is the result of a matrimonial dispute between the parties which has been amicably settled in mediation. Petitioners are present. They are identified by their counsel Shri Rajeshwar P. Gupta, Advocate. Respondent No.2 is present, who is identified by her counsel Shri Vijendra Singh Baghel, Advocate. 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. Petitioners as well as respondent No.2 confirm that they have settled the matter in mediation and now there is no dispute left between the parties. The report of mediator is also placed on record which contains the terms of the settlement which bears the signatures of the parties. Respondent No.2 submits that she has arrived at the settlement with the petitioners on her own accord without any undue pressure or inducement. She states that she has already received 50,000/- and for the balance ^ Rs.50,000/-, petitioner has given her a bank draft No.323989 dated

13.09.2010 in Court today in terms of the settlement and now she does not want any action against the petitioners on the basis of her FIR and requests for quashing of the FIR. Learned APR submits that since the parties have amicably settled the matter, the State has no objection in case the FIR and the proceedings arising out of the same are quashed. Since the parties have settled the matter, I feel that useful purpose will be served in keeping the FIR as well as the proceedings " arising out of the same alive. Accordingly. FIR No.80/2009 under Sections 498A/406/34 IPG P.S. Najafgarh and the proceedings emanating therefrohn are quashed. The petition stands disposed of. (AJIT BHARIHOKE) JUDGE NOVEMBER 18, 2010 pst