O/o v. STATE NCT OF DELHI & Anr.

Through Mrs. Santosh Kohli, APP for R-1. Mr.Mukesh Sharma, Advocate for R-2 along with respondent No.2 in person CORAM: HON'BLE MS. JUSTICE HIMA KOHLI ORDER 04.08.2010 The present petition is filed by the petitioners under Section 482 of the Cr.PC praying inter alia for quashing of FIR No.104/2009 and the proceedings arising therefrom lodged by the respondent No.2, under Sections 406/498A/34 IPC, registered with PS Kashmere Gate .

It is averred in the petition the marriage of the petitioner No.1 respondent No.2 was solemnized on CRL.M.C. 2286/2010 Page 1 of4 Signature Not Verified Signing Date:02.08.2024 16:36:42 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.

27.1.2008. However, within two months of the marriage, due to __) temperamental differences, the petitioner No.1 and the respondent No.2 stopped living together as husband and wife. The attempt patch up their difference did not succeed. As a result, the respondent No.2 lodged the aforesaid complaint against the petitioners. Apart from the aforesaid FIR, proceedings were initiated by the respondent No.2 against the petitioners under Section 125 of the Cr.P.C. as also under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

In the meantime, as investigations were initiated by the police in the aforesaid FIR, the petitioners approached this Court for seeking anticipatory bail, registered as Bail Application No.1177/2009. During the course of the aforesaid proceedings, stated to be still pending before a Single Judge of this Court (Indermeet Kaur, J), the parties arrived at a settlement, as recorded in the order dated

10.8.2009 (Annexure P-2). In terms of the settlement, the petitioners agreed to pay a sum of Rs.9,00,000/- to the respondent No.2 in full and final settlement of all her claims against the petitioners. It is . -- stated that till date, a sum of Rs. 7 ,00,000/- has already been paid by the petitioners to the respondent No.2, which fact is confirmed by the respondent No.2, who is present in the court. CRL.M.C. 2286/2010 Page 2 of4 7

Counsel for the petitioners hands over to the respondent No.2, a pay order drawn on Oriental Bank of Commerce, bearing No.485112 dated 12.4.2010 amounting to Rs.2,00,000/-. The respondent No.2 confirms that having received the aforesaid balance amount of Rs.2,00,000/-, further claims subsist against petitioners. Counsels for the parties jointly state that the pending petitions filed by the respondent No.2 against the petitioners under Section 125 Cr.P.C. and Section 12 of the Protection of Women from Domestic Violence Act, 2005 have already been withdrawn on

7 .2010. It is further stated that a decree of divorce by mutual consent has been passed vide judgment dated 25.5.2010 (pages 48 to 54 the petition) and that apart from the present FIR, all disputes between the parties stand settled.

The parties are present in the Court. Respondent No.2 confirms that there are no pending cases against the petitioners and that in view of an amicable settlement having been arrived at with the petitioners, she does not wish to proceed further with the FIR, which ..., is stated to be still at the stage of investigation. Learned APP for the State also states that in view of the settlement arrived at between the parties, she has no objection to the quashing of the FIR. CRL.M.C. 2286/2010 Page 3 of4

. The petition is disposed of. File be consigned to the record room. AUGUST 04, 2010 HIMA KOHLI,J ' .. CRL.M.C. 2286/2010 Page 4 of4 I, l 1, .. ,,.,J: , , ,,tt .. &.1.11111s:aaa1J1£ .. ...... 11awwz;,2 ... _ .. 11