DHARMENDER & ORS Vs. STATE & ANR

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Dharmender, Bijender, Meena, Rakesh, Pushpa, Sh. Nand Kishore and Gyan Wati for quashing of FIR No.94/2010 dated 12.04.2010, under Sections 406/498A/34 IPC registered at Police Station Saket on the basis of the Memorandum of Understanding (MOU) arrived at between the petitioner no.1 and respondent No.2-Ms. Anita on 22.05.2014 at Delhi.

(2.) Learned Additional Public Prosecutor for respondent-State submitted that the respondent No.2, present in the Court has been identified to be the complainant/first-informant of the FIR in question by SI Amar Singh.

(3.) Respondent No.2, present in the Court, submitted that the dispute between the parties has been amicably resolved. As per the MOU, the matter has been compromised between the parties and they have decided to get their marriage dissolved by mutual consent. Further the petitioner no.1 shall pay an amount of Rs.5,00,000/- to the respondent no.2 towards full and final settlement of all the claims of the complainant/respondent no.2 towards istridhan, dowry articles, permanent alimony (past, present and future) and maintenance. The parties further agreed that petitioner no.1 will file the first motion within 15 days from the date of MOU and both the parties will cooperate with each other for quashing of the FIR in question. It is also agreed that none of them shall file any civil/criminal case against each other or against each other family members. Respondent No.2 affirms the contents of the aforesaid MOU and of her affidavit dated 18.09.2015 supporting this petition. In the affidavit, the respondent no.2 has stated that she has no objection if the FIR in question is quashed. All the disputes and differences have been resolved through mutual consent. Now no dispute with petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end. Statement of the respondent No.2 has been recorded in this regard in which she stated that she has entered into a compromise with the petitioners and has settled all the disputes with them. She further stated that she has no objection if the FIR in question is quashed.