Rajiv Bhatt & Ors v. State Govt. of NCT of Delhi & Anr

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16.11.2010 \\ Present: Mr. N.S. Negi, Advocate for the petitioners. Mr. R.N. Vats, APP for the State. Mr. K.L. Choudhary, Advocate for respondent No.2 + Crl.M.A. No.17376/2O1O in Crl.M.C. No.3557/2O1O i Exemption is allowed, subject to all just exceptions. The application is disposed of. Crf .M.C. No.3557I?OLO !.

¶1This is a petition seeking quashing of FIR No.373/2009 under Sections 498A1406134 IPC P.S. Burari registered on the complaint of respondent No.2.

¶2The ground for seeking quashing of the FIR is that the FIR was a gesult of matrimonial discord between the parties and parties have settled the dispute and now there is no dispute left between them. Terms of settlement are placed at page 34 of the petition. t!.,

¶3Petitioners No.l, 2 and 4 are present in Court. They are identified by their counsel Mr. N.S. Negi, Advocate who is also representing the other petitioners.

¶4Respondent No.2 is present in Court, She is identified by her counsel Mr. K.L. Choudhary, Advocate as well as the 1.O., ASI B.S. Meena, P.S. Burari. 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.

¶5petitioners and respondent No.2 confirm that they have settled their dispute in mediation and they have arrived at an amicable settlement' ^ / )/ Now there is no dispute left between them. lt is submitted that as per the settlement, the petitioners agreed to pay to respondent No.2 a sum of <4,00,000/-against stridhan, maintenance and permanent alimony. Out of the said amount, {2,00,000/-has already been paid to respondent No.2 and balance {2 lakhs is now being paid vide five bank drafts of {40,000/-each bearing No.852513 to 852517 dated 16.11.2010 drawn at UCO Bank, Service Branch, Delhi High Court, New Delhi in her favour. ]-

¶6Respondent No.2 Anita confirms that she has entered into a compromise with the petitioners of her own accord without any inducement or pressure during the mediation proceedings. She states that out of the settled amount, she was paid t2,00,000/- earlier and today she has received balance <2,00,000/- vide above noted five bank drafts of L.- <40,000/- each issued in her favour. She states that now there is no dispute left between her and the petitioners and she does not want any A action against the petitioners on the basis of the FIR registered on her complaint and prays for quashing of the FlR.

¶7Learned APP states that in view of the settlement arrived at between the parties, the State has no objection if the above FIR and the proceedings emanating therefrom are quashed.

¶8In view of the compromise arrived at between the parties, I feel that no useful purpose shall be served by keeping the FIR as well as proceedings arising out of the same alive. Accordingly, FIR No.373/2009 A under Sections 498A1406134 IPC emanating therefrom are quashed.

¶9The petition stands disposed of. NOVEMBER 16, 2O1O tA.tcs \ P.S. Burari and the proceedings (f l \7 \ \ \N'- (AJtr BYARIHOKE) JUDGE Jl i {