Ankur Kalyan & Anr. v. State & Anr.

Delhi High Court · 28 Sep 2011 · 2011:DHC:10279
V. K. Shali
CRL.M.C. 3269/2011
2011:DHC:10279
criminal petition_allowed

AI Summary

The Delhi High Court quashed the FIR and criminal proceedings under Sections 406, 498A, and 34 IPC arising from matrimonial disputes after the parties settled and the marriage was dissolved.

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$rv47 HIGH COURT OF DELHI
CRL.M.C. 3269/2011
ANKUR KALYAN & ANR.
Through:
VERSUS
STATE & ANR.
.. ... Petitioners Mr.Desh Raj, Advocate .. ... Respondents
Through: Mr. Navin Sharma, APP
CORAM:
Mr. Pradeep Dasodiya, Advocate for R-2.
HON'BlE MR. JUSTICE V.K. SHAll
0/o 28.09.2011
ORDER

1. This is a petition for quashing of FIR No.384/2009 u/s 406/498A/34 IPC registered with P.S. Uttam Nagar, in respect of which trial is pending before the learned Metropolitan Magistrate, Tis Hazari Courts.

2. The ground for quashing is that the petitioner No.1 and respondent No.2/complainant have settled all their matrimonial disputes, as a consequence of which a decree of dissolution of marriage was passed by the competent Court on 27.11.2010 and an amount of ZlS lacs settled, has been paid. Parties are present and identified by their counsel. They have supported the averments made in the petition by their separate affidavits. ''?,'? 2011:DHC:10279 ~----------

3. In view of the fact that marriage has already been dissolved on 27.11.2010 and the respondent No.2/complainant has already got married again, I feel no useful purpose would be served by keeping the FIR and the consequent proceedings pending. Accordingly, FIR 384/2009 u/s 406/498A/34 IPC and the consequent proceedings which are pending before the trial Court are quashed.

4. No order as to costs.

5. File be consigned to the Record Room. V.K. SHALl, J SEPTEMBER 28, 2011 --'.. ';! OJ: ~c,-!