Judgment · High Court
Case at a glance
- Bench
- AJIT BHARIHOKE
Outcome
Disposed of
Application is disposed of
Provisions considered
- Dowry Prohibition Act, 1961 ss. 3, 4
Key paragraphs
- Para 1010. The petition is disposed of accordingly. DECEMBER 20, 2010 (AJIT BHARIHOKE) JUDGE
Judgment
Operative part
Ms.Fizani Husain, APP for the State with S.I. Alok Kumar, P.S. Bhajan Pura. Mr.L.K.Singh, Advocate for respondent No.2 with respondent No.2 in person. +Crl.M.A. No.18643/2010 in Crl.M.C.No.3904/2010 ^ Exemptionis allowed, subject to all just exceptions. Application is disposed of. Crl.M.C.No.3904/2010
This is a petition seeking quashing of FIR No.103/09 under Sections 498A/406/34 IPG and Section 3/4 of the Dowry Prohibition Act 1961 registered at P.S. Bhajan Pura on the complaint of respondent No.2 as well as the proceedings arising out of the same. ^
Ground for seeking quashing is that the FIR is the result of matrimonial discord and the parties have amicably settled the matter and now there is no dispute left between them.
Petitioner, who is present in person in Court, is identified by his counsel Mr.C.S.S. Tomar.
Respondent No.2, who is present in person in Court, is identified by her counsel Mr.L.K.Singh and by the Investigating Officer S.I. Alok Kumar, P.S. Bhajan Pura. Signature Not Verified
Parties confirm that they have amicably settled the matter Signing Date:05.08.2024 16:58:50 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. dispute and pursuant to the said settlement, they have obtained consent divorce. It was agreed tliat petitioner shall pay a sum of? 1,60,000/- as full and final settlement to respondent No.2, out of which ^1,20,000/- has already been paid and balance ? 40,000/- being paid to respondent No.2 in court today, vide demand draft No.970271 dated 15.12.2010 for ?40,000/- drawn on Corporation Bank, New Delhi.
It is further stated by the parties that-the compromise was arrived during mediation proceedings at Delhi Mediation Centre, Karkardooma Courts, Delhi and the terms of settlement were reduced into writing and signed by both the parties. Copy of the settlement agreement is placed on record as Annexure P-3.
Respondent No.2 states that she has arrived at a settlement during mediation proceedings without any inducement or threat from any corner and since the matter has been amicably resolved and there is no dispute left, she does not want any action against petitioner on her FIR No.103/2009 P.S. Bhajan Pura and she has no objection if the FIR as well as the proceedings arising out of the same are quashed.
Learned Ms.Fizani Husain, APP for the State submits that since the parties have amicably settled the matter, the State has no objection if the present FIR as well as the proceedings arising out of the same are quashed.
Since the parties have amicably settled the matter, I find no purpose in keeping this matter alive. Accordingly, FIR No.103/2009 P.S. , Bhajan Pura and proceedings emanating from the same are hereby quashed.
The petition is disposed of accordingly. DECEMBER 20, 2010 (AJIT BHARIHOKE) JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Application is disposed of
Which statutory provisions did this judgment involve?
Dowry Prohibition Act, 1961 — ss. 3, 4.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.