Rahul Gulati & Ors v. State & Anr

#28

10.11.2010 Present: Mr.Rabin Majumdar, Advocate with Mr. Manish, Advocate for the petitioners with petitioner No. 1 in person. Ms.Fizani Husain, APP for the State with initial 10 ASI Raj Kumar as well as present 10 ASI Ram Phal Singh. Respondent No. 2 in person. +Cri.M.C. 3458/2010 This is a petition seeking quashing of FIR No. 721/2006 under Sections 498/406/34 IPC registered at P.S. Paschim Vihar on the complaint of the respondent No. 2 . • The ground for seeking quashing of FIR and the proceedings arising out the same is that the FIR is the result of marital discord between the petitioner No. 1 and respondent No. 2, which dispute has now been amicably resolved and the parties are living together happily. Petitioner No. 1 is present in person. He is identified by his counsel Sh. Rabin Majumdar, Advocate. Respondent No. 2 is also present in person. She is identified by initial Investigating Officer ASI Raj Kumar as well as ASI Ram Phal Singh. Respondent No. 2 confirms that she has voluntarily settled the matter with the petitioners and now, she is living happily with her husband i.e. petitioner No. 1 and other petitioners since August, 2010. She thus, requests for quashing of FIR registered against the petitioners .. Learned APP submits that since the parties have amicably settled the matter, in the interest of their harmonious matrimonial life, 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. / , State has no objection if the present FIR and the proceedings emanating ) from the same are quashed. Since the parties have arrived at an amicable settlement and there is no dispute left between them, I am of the view that no useful purpose shall be served by keeping the present FIR as well as the proceedings arising out the same alive. Accordingly, FIR No. 721/2006 under Sections 498/406/34 IPC registered at P.S. Paschim Vihar and the proceedings emanating from the same are hereby quashed. Petition stands disposed of. NOVEMBER 10, 2010 akb (AJIT BHARIHOKE) JUDGE