JITENDER AHUJA Vs. STATE AND ORS.

JUDGEMENT

(1.) The present petition under Sec. 482 Cr.P.C. has been filed by the petitioner, for quashing of FIR No. 392/2011 dated 06.09.2011, under Ss. 498A/406/34 of IPC, 1860 registered at Police Station Hari Nagar, New Delhi on the basis of settlement arrived at between the complainant/respondent No. 2, namely, Jaspreet Kaur and the petitioner, namely, Jitender Ahuja.

(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 ASI -Shri Ram.

(3.) Respondent No. 2, present in the Court, submitted that the dispute between the parties has been amicably resolved. Respondent no.2 has no grievances against the petitioner. The parties with the intervention of their family friends and relative have settled the matter amicably and the parties have decided to bring an end to the existing dispute. However, the said settlement was never reduced into writing. The respondent no. 2 has waived all her claims towards permanent alimony and maintenance, however, she has received all dowry articles and istridhan from the petitioner. The petitioner and respondent no. 2 have also got divorce vide divorce decree dated 23/08/2012. The affidavit dated 14/11/2014 of respondent no. 2 -Ms. Jaspreet Kaur, giving consent for quashing of the FIR in question has been filed on record. In the affidavit the respondent no. 2 stated that she has settled all the disputes with the petitioner and has waived all her rights. In the affidavit the respondent no. 2 has totally supported the present petition for quashing. As the dispute between the parties has been resolved no useful purpose will be served in continuing the prosecution of the petitioner. Now no dispute with the petitioner 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 petitioner and has settled all the disputes with him. She further stated that she has no objection if the FIR in question is quashed.