ASHISH BHATIA Vs. STATE AND ORS.

JUDGEMENT

(1.) By way of this petition filed under Sec. 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR No. 412/2011 registered at Police Station Hari Nagar, Delhi, for the offences punishable under Ss. 498A/406/34 IPC and the consequential proceedings emanating therefrom against them.

(2.) Learned counsel appearing on behalf of the petitioners submits that the aforesaid case was registered on the complaint of respondent No. 2, namely, Smt. Mona, consequent upon certain matrimonial and domestic disputes having arisen between the parties. After investigation, police has filed the chargesheet, charges have been framed and the case is pending for prosecution evidence. Meanwhile, the respondent No. 2 and the petitioner No. 1 have amicably settled their disputes before the learned Principal Judge, Family Court (West), Tis Hazari Court, Delhi, vide settlement dated 26.03.2015, for a total sum of Rs. 10,00,000/ - (Ten Lakhs). As agreed, two instalments of Rs. 1,00,000/ - (One Lakh) and Rs. 2,00,000/ - (Two Lakhs) were paid at the time of recording of first motion and second motion petition for divorce by mutual consent respectively and a sum of Rs. 1,00,000/ - (One Lakh) was paid at the time of making statement of withdrawal in case No. 159/1/12. A sum of Rs. 3,00,000/ - (Three Lakhs) is paid today in the Court by way of demand draft bearing No. 55940 dated 22.02.2016 drawn on Indian Overseas Bank, Shalimar Bagh Branch, Delhi, and the balance amount of Rs. 3,00,000/ - (Three Lakhs) will be paid to respondent No. 2 at the time of quashing of FIR No. 260 2012 registered at Police Station Shalimar Bagh, Delhi, which 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 No. 1 and respondent No. 2 has been dissolved vide decree of mutual divorce dated 30.11.2015 under Sec. 13B(2) of the Hindu Marriage Act, 1955. Thus, respondent No. 2 does not wish to pursue her case further against them.