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HIGH COURT OF DELHI
CRL.M.C. 3298/2011
BRIJESH & ORS ..... Petitioner
CRL.M.C. 3298/2011
BRIJESH & ORS ..... Petitioner
VERSUS
Through Mr. Naveen Yadav, Adv. with petitioners in person.
STATE & ANR ..... Respondent
STATE & ANR ..... Respondent
CORAM:
Through Mr. Mukesh Gupta, APP for State with ASI Mohinder Kumar, PS Sultan
Puri.
Mr. M. Choudhary, Adv. for R-2 with R-2 in person.
HON'BLE MS. JUSTICE MUKTA GUPTA
30.09.2011 This is a petition for quashing of FIR No. 328/2007under Sections
498A/406/34 IPC registered at PS Sultanpuri, Delhi.
The complainant/Respondent No. 2 Ms. Umesh is present in person and is identified by her counsel and Investigating Officer. She states that the Petitioners and Respondent No.2/Complainant have entered into a
Compromise. In terms ofthe settlement, marriage between the Petitioner NO. 1 and Respondent No. 2/complainant has been dissolved by a decree of divorce by mutual consent on 13th April, 2010. As part of full and final
CRL.M.C. 329812011 2011:DHC:10305 settlement of all the claims ofthe Respondent No. 2, the Petitioner No. 1 has paid ~1 lakh out of which ~50,000/- has already been paid to her and
~50,000/- has been paid today in Court in cash. 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. 328/2007 under Sections 498A/406/34 IPC registered at PS Sultanpuri, Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet m acknowledgment of their
I
'-........ statements made before this Court.
The petition is disposed of. Order dasti.
SEPTEMBER 30,2011 'ga' - CRL.M.C. 329812011 ta..,;~i~~t~ j ---:~t-.·
~\\2_ ~ 2011:DHC:10305
Puri.
Mr. M. Choudhary, Adv. for R-2 with R-2 in person.
HON'BLE MS. JUSTICE MUKTA GUPTA
30.09.2011 This is a petition for quashing of FIR No. 328/2007under Sections
498A/406/34 IPC registered at PS Sultanpuri, Delhi.
The complainant/Respondent No. 2 Ms. Umesh is present in person and is identified by her counsel and Investigating Officer. She states that the Petitioners and Respondent No.2/Complainant have entered into a
Compromise. In terms ofthe settlement, marriage between the Petitioner NO. 1 and Respondent No. 2/complainant has been dissolved by a decree of divorce by mutual consent on 13th April, 2010. As part of full and final
CRL.M.C. 329812011 2011:DHC:10305 settlement of all the claims ofthe Respondent No. 2, the Petitioner No. 1 has paid ~1 lakh out of which ~50,000/- has already been paid to her and
~50,000/- has been paid today in Court in cash. 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. 328/2007 under Sections 498A/406/34 IPC registered at PS Sultanpuri, Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet m acknowledgment of their
I
'-........ statements made before this Court.
The petition is disposed of. Order dasti.
SEPTEMBER 30,2011 'ga' - CRL.M.C. 329812011 ta..,;~i~~t~ j ---:~t-.·
~\\2_ ~ 2011:DHC:10305
JUDGMENT