Anurag Bhandari & Ors v. The State NCT of Delhi & Anr

# % 11.11.2010 Present: Mr. Masroor Alam Khan, Adv. for the Petitioners along with petitioner no.l in person. Mr. M.P. Singh, APP for the State along with SI Prem Kumar, P.S. Dwarka, Sector-23. Respondent no. 2 in person. + Crl. M.A. 17198/2010 * Allowed, subject to all just exceptions. Application stands disposed of. +Crl. M.C. 3508/2010 Petitioner no. 1 and respondent no. 2 are husband and wife. On account of matrimonial discord they started living separately. On the complaint of respondent no. FIR in question was registered against the petitioner no.l and his relatives who are petitioner nos. 2 and 3. Now, husband and wife have settled the matter amicably before the Mediation Centre, Dwarka Courts on 22°^ September, 2010. Terms of settlement have been recorded in the proceeding sheet dated 22"^ September, 2010 of Mediation Centre, Dwarka Courts which has been duly signed by petitioner no. 1 and respondent no.2. In terms of Clause 4 of the said settlement, parties have agreed to move an application for Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. quashing of the FIR within fifteen days from the date of settlement. Accordingly, this petition has been filed before this Court seeking quashing of the FIR. It has also been brought to the notice of this Court that first motion has already been accepted on October, 2010. A sum of ^3.25 lakhs has been paid to respondent no. 2 by petitioner no. 1 at the time of first ^ motion. Petitionerno. 1 undertakes before this Court to pay balance amount of ^3.25 lakhs to respondent no. 2, in terms of t the settlement, at the time of second motion. Both the parties shall be bound by the terms of the settlement as contained in the proceeding sheet dated 22^^ September, 2010 of Mediation Centre (Annexure P-3 at Page No. 83). In view of the settlement having been arrived at between the parties, I am of the view that no fruitful purpose would be served in keeping the FIR pending. Accordingly, in larger interest, FIR No. 23/2009 under Sections 498-A/406/34 IPC registered at Police Station Dwarka and consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms. Dasti.

A.K. PATHAK, J. NOVEMBER 11, 2010/ga