DEEPAK KUMAR Vs. STATE & ANR

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioner, namely, Deepak for quashing of FIR No.39/2012 dated 31.03.2012, under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 registered at Police Station Harsh Vihar on the basis of the report of the Mediation Centre, Karkardooma Courts, Delhi arrived at between the petitioner and respondent No.2-Ms. Vikranti Devi on 25.01.2014.

(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 parties shall get their marriage dissolved by a decree of divorce by mutual consent. Further it has been stated in the report that the petitioner shall pay an amount of Rs.5,75,000/- 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 for herself and for her son Master Rishabh. It is further agreed that said amount shall be paid by way of cash/DD in the Court concerned in 4 installments. Parties further agreed to withdraw/compound their respective cases against each other. It is further agreed that the custody of the minor sonmaster Rishabh shall remain with respondent no.2 and the petitioner shall not claim any custody/visitation rights of the minor son. Respondent No.2 affirms the contents of the aforesaid compromise and of her affidavit dated 24.09.2015 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 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.