LAWS(DLH)-2016-1-230

PUNEET GULATI AND ORS. Vs. STATE AND ORS.

Decided On January 15, 2016
Puneet Gulati And Ors. Appellant
V/S
State And Ors. Respondents

JUDGEMENT

(1.) The present petition under Sec. 482 Cr.P.C. has been filed by the petitioners, namely, Sh.Puneet Gulati, Sh. Devprakash Gulati and Ms. Manju Malik for quashing of FIR No. 489/2008 dated 21.09.2008, under Ss. 406/498A IPC registered at Police Station Kalkaji on the basis of the settlement arrived at between the petitioner no.1 and respondent No. 2, namely, Sonia Gulati.

(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. The statements of the parties duly recorded in the execution petition No. 2/2013 before the Family Courts, Saket, Delhi dated 05.04.2014 has been placed on record. As per the statement of respondent no.2, all the matters have been settled on her behalf and on the behalf of her two daughters amicably with the JD/Sh. Puneet Gulati towards full and final settlement of all her claims arising out of their marriage which includes maintenance (past, present and future), permanent alimony, jewellery, istridhan for a sum of Rs. 8.5 lacs with the condition that the permanent custody of both the minor daughters shall remain with her. As per the statement of petitioner no.1, he agreed to all the terms and conditions of the settlement and agreed to withdraw the petition under Sec. 9 of HMA. Respondent No. 2 affirmed the aforesaid settlement and of her affidavit dated 31.03.2015 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.