JUDGMENT
K.S. Gupta, J.
Crl. M. No. 1814 of 2002 in Crl. M. (M) No. 397 of 2002
1. Having heard the parties counsel, applicants who are also the accused in FIR No. 44/302, are allowed to be imp leaded as petitioners 3 to 8.
2. Amended memo of parties stand filed Along with the application.
Crl. M. (M) No. 397 of 2002
3. Sh. Sharma has handed over banker cheque for Rs. 50,000/- towards the balance agreed amount to petitioner No. 1 today in court.
4. Sh. Malik states that charge-sheet has not been filed so far.
5. Heard arguments. Order during the course of day. Crl. M. (M) No. 397 of 2002
6. In this petition filed under Section 482, Cr.P.C, it is alleged that petitioner No. 1 was married to petitioner No. 2 on 11th October, 2000. Due to
temperamental differences both of them started residing separately w.e.f. 26th
January, 2001. Petitioner No. 1 lodged FIR No. 44/2002 under Section
406/498-A IPC with PS Malviya Nagar. It is further alleged that pursuant to
settlement reached on 27th January, 2002, petitioner No. 2 agreed to pay a
total sum of Rs. 1, 10,000/- to petitioner No. 1 towards full and final settlement of all her claims including permanent alimony and out of this amount, a
sum of Rs. 60,000/- has been paid to petitioner No. 1 in divorce proceedings. It
was prayed that said FIR may be quashed.
7. Banker’s cheque for Rs. 50,000/- has today been handed over by the counsel of petitioners 2 to 8 to petitioner No. 1.
8. Categories of cases wherein inherent powers under Section 482, Cr.P.C. could be exercised either to prevent the abuse of process of any Court or otherwise to secure the ends of justice, have been summarised in para 108 (at page 629) of the decision in State of Haryana and Ors. v. Ch. Bhajan Lal and Ors., AIR 1992 SC 604.
9. What is averred in the affidavit dated 15th March, 2002 of petitioner No. 1 clearly brings this case within the ambit of category 7 of para 108 of the said decision. FIR in question which is at the stage of investigation, thus deserves to be quashed.
10. While allowing petition, aforesaid FIR No. 44/2002 under Sections 406/498-A IPC PS Malviya Nagar, is hereby quashed.