SATISH BAHL AND ANOTHER Vs. STATE AND ANOTHER

JUDGEMENT

(1.) This is a petition filed by the petitioners under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. 305/1999 under Sections 498-A/406, IPC, Police Station Hari Nagar and the proceedings arising therefrom. The aforesaid FIR is registered on the basis of complaint lodged by the complainant/ respondent No. 2, wife of petitioner No. 1 herein.

(2.) Marriage between the peti-tioner No. 1 and respondent No. 2 was solemnized on 15th September, 1994 as per Hindu rites and ceremonies at Delhi. However, due to some temperamental differences between the petitioner No. 1 and respondent No. 2, she lodged the aforesaid FIR against the petitioners. During the pendency of these proceedings, they have compromised the matter amicably. It is stated that petitioner No. 1 and the respondent No. 2 had filed first motion petition for divorce by mutual consent and thereafter second motion petition has already been moved by them. That as per the settlement baby Gunisha Bahl which was born out of the wedlock shall remain in the custody of respondent No. 2/complainant and petitioners shall not claim custody of this child. The complainant/respondent No. 2 is present in the Court and is identified by learned counsel for the petitioners. As per settlement Rs. 5,65,000/- is to be paid to the complainant against all her disputes and matrimonial claims against petitio- ners including the past, present and future maintenance, dowry articles, stridhan, jewellery and permanent alimony which is deposited in the Court of learned ADJ. Complainant affirms that the matter has been settled. She further states that she has now no grievance left against the petitioners and that she wishes to withdraw the complaint filed by her against the petitioners. Counsel for the State has no objection to the same.

(3.) In view of the above, I am of the opinion that no useful purpose is going to be served in keeping the proceedings arisen from the said FIR alive. Accordingly, the proceedings arisen from the FIR No. 305/1999 under Sections 498-A/406, IPC, Police Station Hari Nagar, are hereby quashed.