JITENDER BANSAL Vs. STATE & ANR

JUDGEMENT

(1.) By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner seeks quashing of FIR No.374 /2011 registered at Police Station Gokal Puri, Delhi, for the offences punishable under Sections 498-A/406/34 IPC and the consequential proceedings emanating therefrom against him.

(2.) Learned counsel appearing on behalf of the petitioner submits that the aforesaid case was registered on the complaint of respondent No.2, namely, Smt. Charu Bansal @ Kavita Bansal, consequent upon certain matrimonial and domestic disputes having arisen between the parties. After investigation, chargesheet has been filed, charges framed and the case is pending for prosecution evidence. Meanwhile, the respondent No.2 and the petitioner have amicably settled their disputes before the learned Principal Jude, Family Courts, North-West District, Vishwas Nagar, Delhi, for a total sum of Rs.2,00,000/- (Two Lacs). To this effect, joint statement has been recorded on 30.04.2015. Out of the total agreed amount, a sum of Rs.1,40,000/- (One Lac Forty Thousand) has already been paid to the respondent No.2 and the balance amount of Rs.60,000/- (Sixty Thousand) is paid today by way of Demand Draft bearing No.057304 dated 16.09.2015, drawn on Bank of Baroda, Vishwas Nagar, Delhi, in favour of the respondent No.2, which facts have not been disputed by the respondent No.2.

(3.) Learned counsel for the petitioner further submits that consequent to the said settlement, marriage between the petitioner and respondent No.2 has been dissolved vide decree of mutual divorce dated 07.05.2015 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 petitioner.