DEVENDER GOLA Vs. STATE AND ORS.

JUDGEMENT

(1.) The present petition under Sec. 482 Cr.P.C. has been filed by the petitioner, namely, Sh. Devender Gola for quashing of FIR No. 253/2006 dated 24.08.2006, under Ss. 406/498A/34 IPC registered at Police Station Hauz Qazi on the basis of the settlement agreement arrived at between the family members of the petitioner and respondent No. 2, namely, Ms. Mamta Gola on 07.12.2012.

(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 her counsel.

(3.) Respondent No. 2, present in the Court, submitted that the dispute between the parties has been amicably resolved. As per the settlement agreement, due to intervention of the respectable persons, well -wishers and common friends, the parties arrived at an amicable settlement. The marriage between the respondent no.2 and the petitioner has already been dissolved by decree of ex -parte divorce dated 28.11.2008 under Sec. 13(1) (i -a) & (i -b) HMA by the Ld. ADJ, Delhi. It has also been agreed that petitioner shall not challenge the said decree of divorce. It has further been agreed between the parties that the settlement will take place for a sum of Rs. 1.50 lacs in respect of dowry articles, istridhan, past, present and future alimony and the sum involved in the execution petition No. 22/08 filed by the family of the petitioner now sine die. It has also been agreed between the parties that the respondent no.2 shall not pursue the execution proceedings filed against petitioner vide execution No. 22/08. The respondent no.2 further agreed to cooperate in getting the FIR in question quashed. Respondent No. 2 affirmed the aforesaid settlement and of her affidavit dated 24.03.2015 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 petitioner 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 petitioner and has settled all the disputes with him. She further stated that she has no objection if the FIR in question is quashed.