TARUN POPALI & ORS Vs. STATE & ANR

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Shri Tarun Popli, Shri K.L. Popli, Smt. Kailash Popli, Ms. Divya Arora and Shri Harish Bhutani for quashing of FIR No.424/2013 dated 02.09.2013, under Sections 498A/406/34 IPC registered at Police Station Krishna Nagar on the basis of the report of the Delhi Mediation Centre, Karkardooma Courts, Delhi arrived at between the petitioner no.1 and respondent No.2-Ms. Sonia Nayyar on 07.04.2014.

(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 her counsel.

(3.) Respondent No.2, present in the Court, submitted that the dispute between the parties has been amicably resolved. As per the mediation report the matter has been compromised between the parties and the petitioner no.1/husband shall pay an amount of Rs.12,00,000/- 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. They further agreed to take divorce by mutual consent. It was also agreed that the custody of the child Amanjeet shall remain with the petitioner no.1/father in future and the respondent no.2 shall have visitation rights to meet the child. It has been further agreed between the parties that the respondent no.2 shall withdraw her petitions under Section 125 Cr.P.C. and under Section 12 D.V. Act. It was also agreed that father of petitioner no.1/husband shall withdraw his complaint under Section 323/341/506 IPC. The respondent no.2 agreed to vacate the matrimonial house after recording of the statement in second motion. Respondent No.2 affirms the contents of the aforesaid compromise and of her affidavit dated 10.09.2015 supporting this petition. In the affidavit, the respondent no.2 has stated that she has no objection if the FIR in question is quashed and that a sum of Rs. 8 lacs has been paid to her at the time of recording the statement in mutual divorce petition and the parties have already been granted divorce by mutual consent on 06.07.2015 by the Family Court. 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.