HARENDER SINGH Vs. STATE & ANR

JUDGEMENT

(1.) The second respondent was married to the petitioner as per Hindu rites and ceremonies on 30.11.2008. On 09.08.2010, she lodged first information report (FIR) no. 267/2010 with police station Madhu Vihar alleging offences punishable under Sections 498A, 406, 34 of Indian Penal Code, 1860 (IPC) against her husband (the petitioner) and two of his relatives namely Om Biri and Rajpal Singh. On conclusion of investigation, police filed report under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) on which cognizance was taken and process issued against the petitioner, the said mater being pending on the file of the Metropolitan Magistrate. It is pointed out from the record, as confirmed by the learned additional public prosecutor, that the other two persons namely Om Biri and Rajpal Singh were not sent up for prosecution. The parties entered into a compromise statedly through the process of mediation whereby it was agreed that they would approach the appropriate forum for obtaining a decree of divorce, they also having agreed, inter alia, for the criminal case arising out of the aforementioned FIR to be sought to be quashed.

(2.) The petition, thus, has been moved before this court invoking Section 482 Cr.P.c. seeking quashing of the FIR 267/2010 under Sections 406, 498A, 34 IPC of police station Madhu Vihar.

(3.) The second respondent (the complainant of the case) has appeared in response to the notice on the petition and in terms of the directions given on the previous date, she has submitted affidavit, which has been filed in the registry today. Along with the said affidavit, she has placed on record self-attested photocopy of the aadhar card. In the affidavit, she has affirmed that she has received all the payments as per the settlement and that she has no objection to the FIR being quashed.