SHANKER & ORS Vs. STATE & ANR

JUDGEMENT

(1.) This petition, under Section 482 of the Code of Criminal Procedure, 1973, praying that the FIR No. 775/07 under Sections 498A/406/34 IPC registered at Police Station Uttam Nagar, Delhi, and all the proceedings emanating therefrom, be quashed, has been moved by the petitioners, all of whom have been arrayed as the accused in the aforesaid FIR, and in the consequent proceedings before the trial court where the charge has been framed under Section 498A against all the petitioners.

(2.) It is stated that the parties have amicably settled their disputes in terms of a Memorandum of Understanding executed on 10.12.2013 between the first petitioner, Shanker, and the complainant, Smt. Meena, who is arrayed as respondent No. 2.

(3.) Initially, pursuant to the execution of the aforesaid Memorandum of Understanding, the parties have moved Criminal MC No. 509/2014 seeking similar relief. After hearing both the parties, and also perusing the FIR and looking at all the surrounding circumstances, the Court had concluded that, "it is quite early for parties to seek quashing of this FIR". Consequently, that petition was disposed off as premature while granting liberty to the parties to seek similar relief after another six months. A copy of the said order dated 31.01.2014 was also annexed to this petition.