30 * IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 7I9/20I1 & Crl.M.As. No.2764-65/20LL CHANDAN MISHRA & ANR ..... PetitioncrS Through : Mr. Jitender Mehta, Adv. with petitioners in person. VCTSUS STATE OF NCT OF DELHI & ANR ..... Respondents Through : Mr. M.N. Dudeja, APP for State with Investigati ng Officer. Mr. Vipul Soni, Adv. for R-2 with respondent No.2/complainant in person. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI ORDER 08.03.2011 1. The present petition is filed by the petitioners under Section 482 Cr.P.C. praying inter alia for quashing of FIR No.3t2/2006 lodged by respondent No.2/complainant, against her former husband, petitioner No.1, and his mother, petitioner No.2, under Sections 498A/406/34 IPC registered with PS Timarpur, Delhi, and all proceedings arising therefrom. 2. Counsel for the petitioners states that the marriage of petitioner No.1. and respondent No.2/complainant was solemnized on 21.7.2005. However, there was no issue born from out of the wedlock. cRL.M.C. 7'19/2077 Page 7 of4 * o/o ) Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified 1/ t Thereafter, within one year of the marriage, certain disputes and differences arose between petitioner No.1 and respondent No.2/complainant, as a result of which, the latter lodged the aforesaid FIR against the petitioners on 2.7.2006. It is stated that after the investigation was completed, a charge sheet has been filed in the case and the matter is at the stage of recording of evidence. 3. Counsel for the petitioners states that during the pendency of the aforesaid proceedings, the parties have arrived at an amicable settlement, as recorded in the Settlement Agreement dated 2L.5.20I0 (Annexure P-2). He states that in terms of the settlement arrived at between the parties, it was agreed that petitioner No.1 shall pay a sum of {1,10,000/- to respondent No.2/complainant in full and final settlement of all her claims against the petitioners. He submits that out of the aforesaid amount, a sum of <90,000/- has already been paid to respondent No.2/complainant and today he hands over the remaining sum of t20,000/- to respondent No.2/complainant, through counsel, which is duly accepted by her. He further states that the parties jointly applied for grant of divorce by mutual consent, which was granted on 28.t.20LI (Annexure P-4). He therefore submits that in view of the settlement arrived at between the parties, the present FIR may be quashed. CRL.M.C. 779/2077 Page 2 of 4 : *-1. 4. Respondent No.2/complainant, who is present in Court and is duly represented through counsel, confirms the aforesaid position. She further confirms the fact that a decree of divorce by mutual consent has been passed and that she has received the entire sum of {1,10,000/- from the petitioners in terms of the aforesaid settlement. She states that she has arrived at the aforesaid settlement with the petitioners of her own free will and volition and without any undue influence or coercion from any quarter. She further states that in view of the settlement arrived at between the parties, she has no objection to the quashing of the aforesaid FIR lodged by her. 5. Learned APP for the State, on instruction from the Investigating Officer, confirms the fact that the parties have arrived at a settlement. H€, therefore, does not oppose the prayer made in the present petition. 6. This Court has heard counsels for the parties. In view of the submission made by respondent No.2/complainant and in view of the fact that the parties have arrived at a settlement of their own free will and volition and without any undue influence or coercion from any quarter, no useful purpose will be served by proceeding further with the aforesaid FIR and the proceedings arising therefrom. CRL.M.C. 779/2077 Page 3 of 4 t \ J 7 ' Accordingfy, the prayer made in the petition is artowed and FIR No.312/2006 rodged by the respondent No.2/compfainant with ps Timarpur, Derhi, and ail proceedings arising therefrom are quashed. B' The petition is disposed of afong with the pending apprications. File be consigned to the record room. MARCH sk 08,2011 HIMA KOHLI,J cRL.M.C. 779/2077 Page 4 of 4 l