LAWS(DLH)-2015-11-44

MANU SRIVASTAVA AND ORS. Vs. STATE AND ORS.

Decided On November 02, 2015
Manu Srivastava And Ors. Appellant
V/S
State And Ors. Respondents

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Mr. Manu Srivastava, Mr. Badri Prasad Srivastava, Mrs. Anita Srivastava and Mrs. Sonali Srivastava for quashing of FIR No.249/2013 dated 12.08.2013, under Sections 498A/406/34 IPC registered at Police Station Lagpat Nagar, Delhi on the basis of settlement arrived at between the petitioners and respondent No.2-Ms. Rachana Shalini at the Delhi High Court Mediation and Conciliation Centre, Delhi High Court, Delhi on 04.04.2014.

(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. The petitioner no.1/husband shall pay an amount of Rs.16,00,000/- to the respondent no.2 in various installments as mentioned in the settlement report. The respondent no.2 agreed to the quashing of the FIR in question. The petitioner no.1 also agreed to pay a sum of Rs. 4,00,000/- to respondent no.2 before this Court by way of demand draft. The respondent no.2 undertakes to withdraw the cases filed by her against the petitioner no.1 and the petitioner no.1 undertakes to withdraw the divorce petition filed by him. Both the parties agreed to file for divorce by mutual consent. They further agreed that after the completion of the second motion of divorce, both the parties shall not have any claims against each other. Respondent No.2 affirms the contents of the aforesaid compromise deed and of her affidavit dated 04.09.2015. As per the affidavit filed by respondent no.2, she has settled all her disputes with the petitioners and 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.