Alka Arora v. NCT of Delhi & Anr.

Delhi High Court · 30 Jan 2013 · 2013:DHC:6649
S. P. Garg
2013:DHC:6649
criminal petition_allowed

AI Summary

The Delhi High Court quashed the FIR against the petitioner under Sections 498A and 406 IPC following an amicable settlement with the complainant, exercising its inherent powers under Section 482 Cr.P.C.

Full Text
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$-9 HIGH COURT OF DELHI CRL.M.C.
ALKAARORA
Petitioner Tlirough :Mr.V.K.Chandil withMr.Rakesh
Kumar, Advocates.
VERSUS
NCT OF DELHI & ANR.
Respondent
Through : Ms.Fizani Husain, APP forthe State.
SI JanMohd. CAW/CCRR Complainantpresent in person.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
30.01.2013 This is a petition filed by the petitioner-Alka Arora under
Section 482 Cr.P.C. for quashing of FIR No.38/2002 under Sections
498A/406/34 IPG registered at Police Station Nabi Karim against her. It is stated that she has settled the matter amicably with the complainant.
Respondent No.2/ complainant- Ms.Deep Wadhwa @ Deepa
Gouri is present before the Court and is identified by the Investigating
Officer. I have enquired from her whether the matter has been settled with the present petitioner-Alka amicably without fear and pressure. She has stated that the matter has been settled without any fear or pressure and that
2013:DHC:6649 S < the petitioner has paid ^ 80,000/- by way ofDemand Draft No.090696 dated 15.12.2012 drawn on Canara Bank today in Court to her.
It is statedthat mother-in-law of the complainant, who was also an accused has already expired. Husband ofthe complainant has not joined the investigation and has been declared proclaimed offender. He is presently residing in Dubai. The complainant has not settled the dispute under Section 406/498-A with him. The complainant, however, has settled the dispute with the petitioner, who is her sister-in-law (nanad).
Since the matter has been settled amicably with the petitioner, no useful purpose will be served to continue with the proceedings under
Sections 498A/406/34 IPG against her. In the interest of justice, FIR
Nno.38/2002 under Sections 498A/406/34 IPG registered at Police Station
Nabi Karim and all the proceedings arising therefrom are quashed qua the present petitioner only.
The petition isdisposed ofaccordingly.
JANUARY 30,2013 sa .GARG,J 2013:DHC:6649
JUDGMENT