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44#$~ HIGH COURT OF DELHI
CRL.M.C. 3321/2011
CHETAN SHARMA & ORS
Through: ..... Petitioners Mr. Ravinder Kumar, Advocate with
Petitioners in person.
CRL.M.C. 3321/2011
CHETAN SHARMA & ORS
Through: ..... Petitioners Mr. Ravinder Kumar, Advocate with
Petitioners in person.
VERSUS
STATE & ANR ..... Respondents
CORAM:
Through: Mr. l\l[ukesh Gupta, APP for the State with SI Bimla Devi.
Mr. Sunil Singh, Advocate for Respondent No. 2 with Respondent
No.2 in person.
HON'BLE MS. JUSTICE MUKTA GUPTA
03.10.2011 Crl.
M.A. No. 1180212011 (Exemption)
Allowed, subject to all just exceptions.
Crt. M.A.11803/2011 (Exemption from filing ID proof and photographs)
Learned counsel for the Petitioners has placed on record the ID proof with photographs. The same are taken on record.
Application is disposed of.
Crl. M.C. 3321/2011 This is a petition for quashing of FIR No. 136/2010 under Sections
498A/406/34 IPC registered at PS Khyala, Delhi.
CRL.M.C. 332112011 Page 1 of3 2011:DHC:10339 The Complainant/Respondent No. 2 Ms. Neha is present in person and is identified by her counsel and the Investigating Officer. She states that the
Petitioners and Respondent No.2/Complainant have entered into a
Compromise. In tenns of the settlement, marriage between the Petitioner
No. I and Respondent No. 2/Complainant has been dissolved by a decree of divorce by mutual consent on 30th July, 20II. As full and final settlement of all the claims of the Respondent No. 2, the Petitioner No. 1 has to pay
~12.18 lakhs out of which ~8 lakhs have already been paid to her and ~4 lakhs have been paid to her today vide cheque No. 539607 dated 3rd October, 2011 drawn on State Bank of India. She further states that in view of the settlement between the parties, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.
In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.
Consequently, FIR No. 136/2010 under Sections 498A/406/34 IPC
CRL.M.C. 332112011 Page 2 of3 registered at PS Khyala, Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet m acknowledgment of their statements made before this Court.
The petition is disposed of. Order dasti.
OCTOBER 03, 2011 'vn'
Mr. Sunil Singh, Advocate for Respondent No. 2 with Respondent
No.2 in person.
HON'BLE MS. JUSTICE MUKTA GUPTA
03.10.2011 Crl.
M.A. No. 1180212011 (Exemption)
Allowed, subject to all just exceptions.
Crt. M.A.11803/2011 (Exemption from filing ID proof and photographs)
Learned counsel for the Petitioners has placed on record the ID proof with photographs. The same are taken on record.
Application is disposed of.
Crl. M.C. 3321/2011 This is a petition for quashing of FIR No. 136/2010 under Sections
498A/406/34 IPC registered at PS Khyala, Delhi.
CRL.M.C. 332112011 Page 1 of3 2011:DHC:10339 The Complainant/Respondent No. 2 Ms. Neha is present in person and is identified by her counsel and the Investigating Officer. She states that the
Petitioners and Respondent No.2/Complainant have entered into a
Compromise. In tenns of the settlement, marriage between the Petitioner
No. I and Respondent No. 2/Complainant has been dissolved by a decree of divorce by mutual consent on 30th July, 20II. As full and final settlement of all the claims of the Respondent No. 2, the Petitioner No. 1 has to pay
~12.18 lakhs out of which ~8 lakhs have already been paid to her and ~4 lakhs have been paid to her today vide cheque No. 539607 dated 3rd October, 2011 drawn on State Bank of India. She further states that in view of the settlement between the parties, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.
In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.
Consequently, FIR No. 136/2010 under Sections 498A/406/34 IPC
CRL.M.C. 332112011 Page 2 of3 registered at PS Khyala, Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet m acknowledgment of their statements made before this Court.
The petition is disposed of. Order dasti.
OCTOBER 03, 2011 'vn'
CRL.M.C. 3321/2011
JUDGMENT