1. By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR No.44/2011 registered at Police Station Shalimar Bagh, Delhi, for the offences punishable under Sections 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, Mrs. Monika Gautam, consequent upon certain matrimonial and domestic disputes having arisen between the parties pursuant to marriage Crl.M.C. No.4181/2015 Page 1 of 8 dated 14.04.2009. After investigation, police has filed the chargesheet, charges have been framed and the case is pending for prosecution evidence. Meanwhile, the petitioners and the respondent No.2 have settled their disputes vide compromise dated 15.01.2015 for a total sum of Rs.8,25,000/- (Eight Lacs Twenty Five Thousand). To this effect, joint statement of the petitioner No.1 and respondent No.2 as well as separate statement of Mr.C.L. Gautam, father of the respondent No.2 have been recorded by the learned Principal Judge (North-West), Family Courts, Rohini, Delhi on 15.01.2015. As agreed, a demand draft of Rs.1,00,000/- (One Lac) was deposited in the Family Court at the time of recording statement in the first motion petition, an FDR amounting to Rs.3,50,000/- (Three Lacs Fifty Thousand) in favour of the respondent No.2 has been deposited on 30.04.2015 and the demand draft for the balance amount of Rs.3,75,000/- (Three Lacs Seventy Five Thousand) in favour of the respondent No.2 has been deposited at the time of recording statement in the second motion petition for divorce by mutual consent. The said amount will be released to the respondent No.2 after quashing of the FIR in question. These facts have not been disputed by the respondent No.2.