Silashank Goswami & Ors. v. State NCT of Delhi

Delhi High Court · 10 Oct 2011 · 2011:DHC:18262
Mukta Gupta
W.P.(CRL) 1353/2011
2011:DHC:18262
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC based on a voluntary compromise and mutual settlement between the parties, emphasizing judicial discretion to avoid unnecessary acrimony.

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IN TIIE IIIGI{ COURT OF DELI{I AT NEW DELIII
W.P.(CRL) 135312011 & Cr1.M.A. 1197612011 (stav)
SI.IASI{ANK GOSWAMI & ORS. ..... PEtitiONET
Through Mr. Rohan Garg, Adv. for P-l to 4'
Mr. M.K. Bhardwaj, Adv' for P-5'
VETSUS
STATE NCT OF DELFII ..... Respondent
Through Mr. Flarsh Prabhakar, proxy for iMr'
Pawan Sharma, SC for State with SI
Aditi Lilly.
CORAM:
IION'BLE MS. JUSTICE MUKTA GUPTA
Vo 10'10'2011
This is a petition for quashing of FIR No. I3l20I1 under Sections
49SA1406134lPcregistered at PS Nanakpura, cAW Cell. fhe cornplainant/Petitioner No. 5 Ms. Jyoti Goswami is present in person and is identified by her counsel. She states that the Petitioners No. I to 4 and Pctitioner No.5/Complainant have entered into a Comprornise. In tcrms of the settlement, marriage between the Petitioner No. 1 and Petitioner
No. 5/complainant would be dissolved by a decree of divorce by rnutual consent. As parl of full and final settlement of all thc claims of the
Petitioner No. 5, the Petitioner No. t had agreed to pay t19 lakhs out of which {9 lakhs have already been paid to her and {5 lakhs have been paid to w.P.(cRL) 138s/2011 page I ol'2
2011:DHC:18262 her today in court by way of demand draft No. 065429 d?i.;ed 8'r' October, z0II drawn on Union Bank of India and the remaining T5 lakhs will be paid to her at thc time of recording statement for second rnotion. She further statcs 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 arnicably 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 intcrcst of justice to quash the abovementioned FIR and the proceedings pursuant thereto.
Consequently, FIR No. I3l20I1 under Sections 498N406134 IPC rcgistcrcd at PS Nanakpura, CAW Cell and proceedings pursuant thereto are hereby quashed. parlies have signed this order sheet in acknowledgment of their statements made before this Court.
'fhc pctition and the pending application are disposed of. Order dasti. ocrollER 1.0,2011
'gu' w.P.(cRL) 1s83/2011 page 2 rt, oaro* w+rry-
/ MUKTA GUI'TA,J l. n .-4^n"
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2011:DHC:18262
JUDGMENT