RAKESH & ORS Vs. STATE & ANR

JUDGEMENT

(1.) By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR No.204/2012 registered at Police Station Palam Village, Delhi, for the offences punishable under Sections 498A/406/34 IPC and the consequential proceedings emanating therefrom.

(2.) Learned counsel appearing on behalf of the petitioners submits that the aforesaid case was registered on the complaint of respondent No.2, namely, Sarita, consequent upon certain matrimonial and domestic disputes having arisen between the parties. The case is at the initial stage of trial as cognizance is not yet taken. Meanwhile, the respondent No.2 and the petitioners have amicably settled their disputes before the Mediation Centre, Dwarka Courts, Delhi, vide settlement agreement dated nil, for a total sum of Rs.50,000/- (Fifty Thousand). As agreed, a sum of Rs.25,000/- (Twenty Five Thousand) in the form of FD in the name of baby Khushi, born on 16.01.2010 out of wedlock of the petitioner No. 1 and respondent No. 2, has been paid and the balance amount of Rs.25,000/- (Twenty Five Thousand) in the form of FD in the name of baby Khushi, is paid today in Court to respondent No.2, which facts have not been disputed by the respondent No.2.

(3.) Learned counsel for the petitioners further submits that consequent to the said settlement, marriage between the petitioner No.1 and respondent No.2 has been dissolved vide decree of mutual divorce dated 24.07.2015 under Section 13B(2) of the Hindu Marriage Act, 1955. Moreover, pursuant thereto the respondent No. 2 has remarried, therefore, she does not wish to pursue her case further against the petitioners.