Sanjay Kumar & Ors v. The State & Anr

Delhi High Court · 14 Jan 2015 · 2015:DHC:10600
Manmohan Singh
CRL.M.C. 3245/2014
2015:DHC:10600
criminal petition_allowed

AI Summary

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

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IN THE HIGH CdURT OF DELHI AT NEW DELHI
CRL.M.C. 3245/2014
..Petitioners
SANJAY KUMAR&ORS Adv.
VERSUS
THE STATE & ANR
Through .....Respondents
Mr M.P.Singh, APP for the State/R-1 along with SIInderPal. PS Rajoun
Garden, in person.
Mr.Hari Kishan, Adv. for R-2.
HON^EMR.JUSTICEMANMOHANSINGH
%
14.01.2015
The petitioners have filed the present petition under Section 482
CrPC for quashing ofFIRNo.620/2007 registered on S'" August,:2007, Jder Sections 498-A/406/34 IPG at P.S. Rajouri Garden, Delh. on the cdmplaintofrespondentNo.2.
; Brieffacts ofthe case are that the marriage between petitioner No.l aAd respondent No.2 was solemnized on 23'^ November, 2004. Since iugust,2007,theyarelivingseparatelyfromeachother. Onthebasisofthe
Jomplaint made by respondent No.2, the aforesaid FIR was registere aUtthe petitioners. Duringthe pendency pfthe proceedings, petitioner
1and respondentNp.2 have settledtheirdisputes amicablyby virtue of
Settlement Agreement dated 13^March, 2013 which was arrived at before
2015:DHC:10600
VH f
\ tie Mediation Centre, Tis Hazari Courts, Delhi. The terms and conditions of
' the settlement are mentioned in the said agreement which is duly signed by the parties; copy of the same has been placed on the record. The said si'ettlement is acted upon between them. The marriage between them has ilso been dissolved by: a decree of divorce by mutual consent, dated 15^
©ctober, 2013. Copy ofthe said
ORDER
isalso placed on the record. li 11
I All the petitioners as well as respondent No.2 are present in Court
Y^o are duly identified by their respective counsel. As per the settlement, pjetitioner No.l has paid the balance ambunt ofRs.l lac by way oftwo bank drafts, i.e. (i) bearing No,008603 dated 10^*^ January, 2015 for Rs.40,000/- and (ii) bearing No.008604 dated 10^^ January, 2015 for Rs.60,000/-, today ill Court itself to respondent No.2 towards full and final settlement, ii • : . '
' Respondent No.2 has confirmed the settlement as well as receiving of the ehtire amount from the petitioners. She has no objection ifthe prayer made
1the petition is allowed.
In view of the settlement, the FIR No.620/2007 registered on 5^
August, 2007, under Sections 498-A/406/34 IPC at P.S. Rajouri Garden, ©elhi and proceedings, pursuant thereto are hereby quashed qua the pletitioners. ii ^
The petition is accordingly disposed of
ANUARY14,2015/ka
INCH. J.
2015:DHC:10600