GAURAV PROTHIA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Quashing of FIR No. 243/2012, under Sections 498A/406/34 of I.P.C. registered at police station Tilak Nagar, Delhi is sought on the basis of Settlement recorded by the matrimonial court in its order of 6th July, 2013 (Annexure P-2). Mr. Ravi Nayak, learned Additional Public Prosecutor, submits, on instructions from SI Ajay Kumar, that on the last two dates of hearing, respondent No. 2 could not appear as she was on medical rest and that today, respondent No. 2 has appeared in person and has been identified to be com-plainant/first-informant of the FIR in question. Today, a demand draft of Rs. 1.5 lac bearing No. 05740 of 7th January, 2014 towards the balance settled amount, which was directed to be retained by the Investigating Officer of this case, has been handed over to respondent No. 2 by SI Ajay Kumar, in terms of order of 17th January, 2014.

(2.) Respondent No. 2, present in the Court, appears in person and accepts notice and submits that now all the disputes between the parties have been resolved vide aforesaid Settlement and divorce by mutual consent has been already granted by the family court on 10th January, 2014. Respondent No. 2 submits that terms of aforesaid Settlement have been fully acted upon as today, she has received the balance settled amount of Rs. 1.5 lac by way of demand draft. Respondent No. 2 affirms the contents of aforesaid Settlement and of her affidavit of 10th January, 2014 supporting this petition and submits that now no dispute with petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.

(3.) In Gian Singh vs. State of Punjab, 2012 10 SCC 303, Apex Court has recognized the need of amicable resolution of disputes in cases like the instant one, by observing as under:-