Amit Jain & Ors v. State & Ors

\ C) 2l 4n % r9.1 1 .2010 Present: Mr. A.K. Goel, Adv. for the Petitioners. Mr. U.L. Watwani, APP for the State-respondent no.l along with SI Ram Niwas, CAW Cell, North East. Mr. Singh, Adv. for respondent no. 2 along with respondent no. 2 in person. Petitioner no.l and respondent no. 2 were married on 2nd May, 2OOI as per Hindu rites and customs. Due to the temperamental differences, they could not live together for long and started living separately since 2003. On the complaint of respondent r:ro.2, FIR in question was registered against petitioner no. 1 and his relatives i.e. petitioner nos. 2 to 5. Later on petitioner no. 1 filed a petition in the court of Additional District Judge seeking divorce from respondent no.2 on the ground of cruelty. During the pendency of the said petition, petitioner no. 1 and respondent no. 2 have settled their disputes amicably before the Mediation Centre, Karkardooma Courts, Delhi. Terms of settlement have been recorded in the proceeding sheet dated 24tn October, 2009 of learned Mediator which has been duly signed by the parties. t 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. t Parties shall remain bound by the terms of the settlement. In terms of the settlement, petitioner no. 1 and respondent no. 2 have decided to part ways and, in fact, have already obtained divorce by way of mutual consent on 6fr May, 2010. In terms of the settlement, balance amount of t 4 lakh has been paid by the petitioner to the respondent No.2 vide a demand draft, photocopy whereof, has been placed on record. Since both the parties have decided to part ways and have obtained decree of divorce by way of mutual consent, in my view, no fruitful purpose would be served in keeping the FIR pending. Accordingly, in the larger interest, FIR No. I28/2OO3 under Sections 498-A/406/34 IPC registered at Police Station New Usmanpur and consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms. Dasti. .>' t\

A.K. PATHAK, J. NOVEMBER 19, 2OLO ga