Subhash & Ors v. State Govt. of NCT

ta. #37

29.10.2010 Present: Mr.Mahesh Verma, Advocate petitioners No. 1 & 3 in person. for ' the petitioners with Ms.Fizani Husain, APP for the State. Mr.L.S.Saini, Advocate for the complainant/petitioner No, 2 with complainant/petitioner No. 2 in person. +Crl.M.A. 16812/201O (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of. Frl.wl.C. S4OU2O10 This is a petition under Section 482 Cr.P.C. seeking quashing of FIR No. 713/2007, under Sections 498-A1406134 lPC, registered at P.S. Paschim Vihar on the complaint of petitioner No. 2. The ground for seeking quashing is that the parties have amicably settled the matter and now there is no dispute left between them. Petitioners No. 1 & 3 are present in person. They are identified by their counsel Sh. Mahesh Verma, Advocate. Petitioner No. 2 (complainant) is also present. She is identified by her counsel Mr. L.S.Saini, Advocate. Petitioners No. 1 & 3 confirm that the parties have arrived at an amicable settlement in mediation and pursuant to said settlement, a sum of <2,76,000/- was to be paid by other petitioners to petitioner No.2, out of which, < 1,76,000/- was paid to the petitioner No. 2 at the time of 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. ? divorce and remaining amount of t 1,00,000/- has been paid to petitioner No. 2 today in cash in court. Petitioner No. 2 confirms that she has amicably settled the matter with other petitioners of her own accord without any undue pressure and now, there is no dispute left between the parties. She submits that she has received balance of < 1,00,000/- today in court and she does not wish any action against the petitioners No. 1 & 3 to 10 on her FIR and requests for quashing of the same. Learned APP appearing for the State has no objection if the FIR is quashed in view of the settlement arrived at between the parties. lnstant FIR is the result of matrimonial discord between the parties which has now been settled and now, there is no dispute left between the parties. Therefore, in my view, no useful purpose shall be served by proceeding against the petitioners No. 1 & 3 to 10 on the basis of the FlR. Accordingly, FIR No. 713/2007, under Sections 498-A1406134 lpC, registered at P.S. Paschim Vihar as well as the proceedings arising out of the same is hereby quashed. Petition is disposed of. (AJrr BHARIHOKE) ,UDGE ocToBER 29, 2010 akb