Ram Kumar & Ors. v. State & Ors.

Delhi High Court · 14 Oct 2011 · 2011:DHC:10400
V.K. Shali
M.C. 3420/2011
2011:DHC:10400
criminal petition_allowed

AI Summary

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

Full Text
Translation output
$-31 HIGH COURT OF DELHI cRL. M.C. 3420/2OLL RAM KUMAR & ORS
Through ... Petitioners Mr.Vikas Sharma, Adv.
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VCTSUS
STATE & ORS ..... Respondents
Through Mr.Sunil Sharma, APP W/SI Narinder Kaur, P.S. Lajpat Nagar.
CORAM:
HON'BLE MR. JUSTICi V.K. SHALI
14.10.2011 This is a petition for quashing of FIR no.I25/2010, u/S 4gBA/406
IPC registered by P.S. Lajpat Nagar, on the ground that the petitioner no.1 and respondent no.2 have settled all their matrimonial dispute.
As a consequence of the said settlement, a decree of divorce has been obtained from the competent court on the basis of mutual consent on 27.9.20Lr. copy of the said decree is placed on record.
The averments made in the petition are supported by the affidavit of the respondent no.2. The respondent no..2/complainant has stated that out of the total setilement amount of 72,25,000/-, she had already received an amount of t o/o
1.
2.
3.
2011:DHC:10400 4.
1,50,000 /- and today she has received the balance amount of t
75,000/- by way qf a pay order No.6872L7, drawn on Syndicate
Bank, dated 27.9.20LL.
It has been further stated that the respondent no. 2 has no objection in case the investigation in pursuance to the aforesaid
FIR is quashed. Parties are also present and are duly identified by their respective counsel.
Since the parties have settled their matrimonial dispute, no useful purpose would be served by keeping the investigation in respect of the aforesaid FIR pending.
Accordingly, FIR no.125/2010, u/S 49BA/406 IPC registered by
P.S. Lajpat Nagar is quashed.
ORDER

7. Parties to bear their own costs. v.K. sHALr,J ocToBER L[4],2OLL RN.[7]

5.

6. 2011:DHC:10400