RITESH KUMAR AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR No.478/2014 registered at Police Station Prashant Vihar, Delhi, for the offences punishable under Sections 498A/406/34 IPC and the consequential proceedings emanating therefrom against them.

(2.) Learned counsel appearing on behalf of the petitioners submit that the aforesaid case was registered on the complaint of respondent No.2, namely, Ms.Manu, consequent upon certain matrimonial and domestic disputes having arisen between the parties. The case is at the initial stage of investigation as charge sheet has not been filed. Meanwhile, the respondent No.2 and the petitioners have amicably settled their disputes before Delhi Mediation Centre, Rohini Courts, Delhi vide settlement/agreement dated 12.12.2014, for a total sum of Rs.17.00 Lac. As per the said settlement, Rs.4.00 Lac were paid at the time of withdrawal of complaint case under Section 12 of the DV Act and two instalments of Rs.04.00 Lac each were paid at the time of recording first and second motion petition for divorce by mutual consent and the balance amount of Rs.5.00 Lac is paid today in the Court vide draft No.000051 dated 21.11.2015drawn on HDFC Bank in her favour, 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 03.11.2015 under Section 13 B (2) of the Hindu Marriage Act, 1955. Thus, respondent No.2 does not wish to pursue her case further against the petitioners.