Virender Kumar & Ors v. The State & Anr

Delhi High Court · 10 Mar 2015 · 2015:DHC:10708
Manmohan Singh
CRL.M.C. 3679/2014
2015:DHC:10708
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR under Sections 498-A, 406, and 34 IPC following an amicable settlement and mutual consent divorce between the parties.

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$-7 HIGH COURT OF DELHI
CRL.M.C. 3679/2014
VIRENDER KUMAR & ORS Petitioners
Through Petitioners in person.
Respondents Mr.Ravi Nayak, APP for the State along with SI Malti, PS Kalyanpuri, in person.
Mr.Prabhash Kr. Jha, Adv. for R-2.
VERSUS
THE STATE & ANR
Through V
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
10.03.2015 The present petition has been filed by the petitioners under Section
482 Cr.P.C. for quashing of FIR No.264/2004, under Sections 498-A1406/34
IPC, registered at P.S. Kalyan Pun, Delhi on the complaint of respondent
No.2.
Brief facts of the case are that respondent No.2 got married with petitioner No.1 on 291h
April, 1994 according to Hindu rites and ceremonies.
Two children were born out of this wedlock. As the disputes arose between them, on the basis of the complaint made by respondent No.2, the aforesaid
FIR was registered against the petitioners on 291h January, 1996. During the pendency of the proceedings, the petitioner No.! and respondent No.2 have settled their disputes amicably. The said settlement was arrived at between
2015:DHC:10708 I 1J\ them before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 23rd May, 2012. Copy of the mediation report is placed on the record. The said settlement has been acted upon between the parties. They have also obtained divorce decree by mutual consent on the basis of the settlement.
Copies of the
ORDER
and decree dated 2 VJanuary, 2015 passed in HMA
No.2226/2014 are produced. The same are taken on the record.
All the petitioners except petitioner No.5 Nannu Lal are present in
Court. Their identification proofs have been placed on the record. Petitioner
No.5 is stated to have expired. Respondent No.2 is also present in Court who is duly identified by her counsel. She has confirmed the settlement as well as receiving of the entire amount from petitioner No.! in terms thereof. She has no objection if the prayer made in the petition is allowed. She has also filed her affidavit in this regard which is placed on the record.
In view of the averments made in the petition as well as the settlement arrived at between the parties, the FIR No.264/2004, under Sections 498-
A/406/34 IPC, registered at P.S. Kalyan Pun, Delhi and proceedings pursuant thereto are hereby quashed qua the petitioners.
The petition is accordingly disposed of.
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