CRL.M.C./1429/2011 of SHANKAR DASS DEVANI & ORS. Vs STATE & ANR

% 04.05.2011

Present:Petitionersin person with Mr. SubhasishMohanty, Advocate.Ms. SantoshKohli, APP for the State/respondentalongwith ASIRampai,P.S. Kirti Nagar(IO).RespondentNo.2 in person with Mr. V.K. Kaira, Advocate.

+ Crl,M,A,No,5269/2011(Exemption)

^Exemptionallowed, subject to all just exceptions.

Applicationstands disposedof.

+Crl,M,C,No,1429/2011

This is petitionunder Section 482 Cr.P.C. seeking quashingof the FIRNo.28/2010under Sections406/498A/34IPG P.S. Kirti Nagar registeredonthe complaint of respondentNo.2.

Ground for seeking quashingis that the FIR is the result of matrimonialdiscordwhireh hasbeenamicablysettledbetweenthepartiesandnowpetitionerNo.2 and respondentNo.2 are happily living separatelyatHouseNo.7/16, Subhash Nagar, New Delhi and now there is no dispute left betweenthe parties.

Petitionersas well as respondentNo.2 are identifiedby their respectivecounsels and the ASI Rampal, P.S. Kirti Nagar(IO).

It is submittedby the petitionersas well as respondentno.2 that theyhave amicablyarrivedat settlementand terms of settlementhave been

Signature Not Verified

reducedinto memorandumof settlementwhich was signedby them.Theyconfirmthat thecopyof memorandumof settlementannexedwith thepetitioncontainsall the termsandconditionsof settlement,which theyundertaketo comply.In tokenof confirmationof settlement,the partieshavesignedthecopy of memorandumof settlementannexedwith thepetition.

Respondentno.2confirmsthatshehasenteredintoamicablesettlementwith the petitionersof her own accord,withoutany threatorpressurefrom any corner.She submitsthat pursuantto the settlement,petitionershave purchaseda houseNo.7/16, SubhashNagar,New Delhi inthe joint name of petitionerNo.2 and respondentNo.2 and now she is livingseparatelyand happily with petitionerNo.2 in the said house.She submitsthat now there is no dispute left between her and the petitionersand in orderto maintain and preserveharmoniousfamily relations,she does not want thepetitioners to be prosecutedon her complaint and she has no objectionif theFiR is quashed.

LearnedMs.SantoshKohli,APR appearingonbehalfof theStatesubmits that in view of the settlementarrived at between the parties,Statehas no objectionif the FIR and the proceedingsemanatingtherefromarequashed.

Since the parties have amicably settled the matter,I feel that no usefulpurpose shall be served in keeping the FIR and the proceedingsarising out of

thesamealive.Accordingly,theFIR No.No.28/2010underSections406/498A/34IPG P.S. Kirti Nagar and the proceedingsarising out of the sameare hereby quashed.

Petition stands disposedof.

Order Dasti under the signaturesof the Court Master.

(AJIT BHARIHOKE)JUDGE

MAY 04, 2011pst