Full Text
CRL.M.C. 2468/2011
0/o 1.
VIPIN DAGAR ..... Petitioner
Through: Mr.Ravinder Narayan, Advocate.
Through: Mr.Navin Sharma, APP
10.10.2011 This is a petition for quashing of FIR no.197/2003, u/S
498A/406/34 IPC registered with P.S. Timarpur in respect of which trial is pending in the Court of Ms.Geetanjali, MM, Tis Hazri
Courts.
ORDER
2. The ground for quashing of the aforesaid FIR is that the petitioner no.1/Vipin Dagar has already obtained divorce with mutual consent from respondent no.2/Ms.Renu Dagar vide order dated 03.06.2011 from the competent Court, copy of which is placed at page 34 to 37. It has also been stated by learned counsel for the petitioner that at the stage of grant of divorce a total sum of ~5 lacs was to be paid to respondent No.2 towards istridhan, maintenance, past present and future and permanent alimony. Out of said amount~ 3 lacs is stated to be already paid 2011:DHC:10187 to the respondent No.2 while as the balance amount of< 2 lacs is paid by demand draft bearing No.870776 drawn on State Bank of India dated 2307.2011. It has also been contended by learned counsel for the petitioner that although the complainant had got the FIR registered against her husband/petitioner as well as against her parent-in-laws and brother-in-law, but the latter have not come forward to file the present petition for quashing of the FIR. In the light of the aforesaid facts it is contended that matter has been settled and no useful purpose would be served by continuing the trial either against the present petitioner or even against the relations of petitioner.
3. The petitioner and the respondent No.2 are present in Court and are duly identified by the learned counsel for the petitioner. The respondent No.2 has also filed her affidavit supporting the averments made in the petition. I am also satisfied that respondent No.2 has no interest in pursuing the criminal matter against the present petitioner or her parents-in-law and brother in law, on account of the fact that the divorce has been granted to the parties. She has also accepted the draft of < 2 lacs as a part of the full and final settlement amount. Having regard to the aforesaid facts} no useful purpose would be served by keeping the FIR no.197/2003, u/S 498A/406/34 IPC and the consequent proceedings pending against any of the accused including the present petitioner. Accordingly, FIR no.197/2003, u/S 498A/406/34 IPC registered with P.S. Timarpur and the entire proceedings are quashed.
4. Parties to bear their own costs.
OCTOBER 10, 2011 mr V.K. SHALl, l