SONU Vs. STATE AND ORS.

JUDGEMENT

(1.) By way of this petition filed under Sec. 482 of the Code of Criminal Procedure, 1973, petitioner seeks quashing of FIR No. 101/2011 registered at Police Station Jahangirpuri, Delhi, for the offences punishable under Ss. 498A/406 of the 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, Ms.Soniya, consequent upon certain matrimonial and domestic disputes having arisen between the parties. The case is at the initial stage of trial as charge sheet has been filed and charges are yet to be framed by learned Trial Court. Meanwhile, the respondent No. 2 and the petitioner have amicably settled their disputes before Delhi Mediation Centre, Rohini Courts, Delhi vide settlement/agreement dated 27.08.2014, for a total sum of Rs. 5,00,000/ -. As per the said settlement, two instalments of Rs. 1,50,000/ - each were paid at the time of recording of statements for first and second motion petitions for divorce by mutual consent and the balance amount of Rs. 2,00,000/ - is being paid today in the Court vide draft Nos. 788401 dated 09.12.2015 and No. 788458 dated 06.01.2016 respectively both drawn on Union Bank of India in favour of respondent No. 2. As per the settlement, total amount of Rs. 5,00,000/ - has been paid by petitioner for quashing of the present FIR No. 101/2011 and another FIR No. 202/2014 registered at police station Khajoori Khas, Delhi for the offences punishable under Ss. 313/323/506/34 of the IPC. These 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 and respondent No. 2 has been dissolved vide decree of mutual divorce dated 09.10.2015 under Sec. 13B (2) of the Hindu Marriage Act, 1955. Thus, respondent No. 2 does not wish to pursue her case further against the petitioner.