MAHESH KUMAR & ORS Vs. STATE & ANR

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Mahesh Kumar, Smt. Indermati, Smt. Sunita, Smt. Guddi, Ramesh, Mukesh, Satbir and Jagdish Prasad for quashing of FIR No.05/2011 dated 07.01.2011, under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 registered at Police Station Sonia Vihar on the basis of the settlement deed arrived at between the petitioner no.1 and respondent No.2, namely, Smt. Santosh on 17.12.2012.

(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 SI Bhim Sen Kaushik.

(3.) Respondent No.2, present in the Court, submitted that the dispute between the parties has been amicably resolved. With the intervention of the respectable persons of both the parties, the parties have arrived at an amicable settlement. As per the settlement, it has been agreed between the petitioner no.1 and respondent no.2 that they shall take divorce by way of mutual consent. It has been further agreed between the parties that petitioner no.1 shall pay a sum of Rs. 1.05 lacs to the respondent no.2 towards full and final settlement of all her claims which includes maintenance (past, present and future), permanent alimony, jewellery, stridhan etc. It is also agreed between the parties that the sum of Rs. 25,000/ - shall be paid at the time of withdrawal of the petition under Section 12 of the D.V. Act by the respondent no.2. Respondent No.2 affirmed the aforesaid settlement and her affidavit dated 26.09.2015 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 by this Court 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.