VIVEK KANSAL & 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. 504/2013 registered at Police Station Mangol Puri, Delhi for the offences punishable under Sections 406/498-A/34 IPC and the consequential proceedings emanating therefrom against the petitioners.

(2.) Learned counsel appearing on behalf of the petitioners submits that the aforesaid case was registered on the complaint of respondent No.2, namely, Smt. Surbhi Gupta, consequent upon certain matrimonial and domestic disputes having arisen with the petitioners. The case is at initial stage of investigation. Meanwhile, the respondent No.2 and petitioner No.1 have amicably settled their disputes vide Settlement dated 15.11.2014 at Family Court, Rohini, Delhi. Consequent to the said settlement, marriage between the petitioner No.1 and respondent No.2 has been dissolved vide decree of mutual divorce dated 15.11.2014 under Section 13 B (2) of the Hindu Marriage Act, 1955. Respondent No.2 has received the agreed amount of Rs.21,00,000/- towards full and final settlement. Copies of the settlement and decree of divorce have been placed on record. Thus, respondent No.2 does not wish to pursue her case against the petitioners.

(3.) Respondent No.2 is personally present in the Court. She has been identified by SI Uma Dutt, I.O. of the case. Respondent No.2 submits that she has amicably settled all the disputes with the petitioners as per settlement dated 15.11.2014 and marriage between her and the petitioner No.1 has been dissolved vide decree of divorce dated 15.11.2014. She has received the amount agreed as per the settlement. She affirms the contents of aforesaid settlement and submits that now no dispute with petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.