TARUN GUPTA & ORS Vs. STATE & ANR

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Tarun Gupta, Brij Kishore Gupta, Smt. Neelam Gupta, Gautam Gupta, Monica Gupta and Jitender Gupta for quashing of FIR No.205/2009 dated 23.04.2009, under Sections 406/498A/34 IPC registered at Police Station Malviya Nagar on the basis of the mediation report of the Mediation Centre, Saket Courts, New Delhi arrived at between the petitioner no.1/husband and respondent No.2-Ms. Nidhi Gupta on 01.03.2014.

(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 respondent no.2 has no grievance or grudge against the petitioners. Further it has been stated in the report that the matter has been compromised between the parties and the petitioner no.1 shall pay an amount of Rs.4,50,000/- 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 which will be paid by demand draft/cash, in three installments. They further agreed to take divorce by mutual consent. Also, that the respondent no.2 shall withdraw the complaint filed by her under Section 12 of the DV Act. It has been further agreed between the parties that the permanent custody of the minor child shall remain with respondent no.2 and the petitioner no.1 shall not claim any visitation rights. It has also been agreed that if respondent no.2 wishes that her daughter, Anushka be adopted by her sister or some other relative, the petitioner no.1 shall not object. Respondent no.2 agreed to the petitioners to co-operate in quashing the present FIR. Respondent No.2 affirms the contents of the aforesaid compromise and of her affidavit dated 14.08.2015 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 petitioners 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 petitioners and has settled all the disputes with them. She further stated that she has no objection if the FIR in question is quashed.