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$ HIGH COURT OF DELHI
CRL.M.C. 2981/2011 & Cr1.
M.A.No. 11570/2011
RAJESH DHINGRA & ORS Petitioner
Through Mr. A.K. Pandey, Advocate with Petitioner Nos. 1,3,6,749 and 10 in person
CRL.M.C. 2981/2011 & Cr1.
M.A.No. 11570/2011
RAJESH DHINGRA & ORS Petitioner
Through Mr. A.K. Pandey, Advocate with Petitioner Nos. 1,3,6,749 and 10 in person
VERSUS
STATE & ANR Respondent
Through Mr. Manoj Ohri, APP for the State . with ASI Kusum(IO).
Through Mr. Manoj Ohri, APP for the State . with ASI Kusum(IO).
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
27.09.2011 This is a petition for quashing of FIR No. 136/2009 under Sections.
498A/406/34 IPC registered at PS Inderpuri, New Delhi.
The complainant/Respondent No. 2 Ms. Neetu Dhi:ngra is present in person and is identified by the investigating officer. She states that the
Petitioners and Respondent No.2/Complainant have entered into a
Compromise. In terms of the settlement, marriage between the Petitioner NO. 1 and Respondent No. 2/complainant has been dissolved by a decree of divorce by mutual consent. As part of full and final settlement of all the claims of the Respondent No. 2, the Petitioner No. 1 has paid Z5 lakhs out of which 4 lakhs have already been paid to her and remaining Z 1 lakh has
2011:DHC:12934 been paid in Court today by way a demand draft No. "001153" drawn in favour of ICICI Bank, Prashan Vihar Branch. 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. There is no legal impediment in quashing the FIR in question.
Consequently, FIR No. 136/2009 under Sections 498A/406/34 IPC registered at PS Inderpuri, New Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petition and the pending application are disposed of Order dasti.
AAi, Ji1AI SEPTEMBER 27, 2011 9vAA0 C~ ay-L~~
CUKTA GUPTA,J ilk y 2011:DHC:12934
27.09.2011 This is a petition for quashing of FIR No. 136/2009 under Sections.
498A/406/34 IPC registered at PS Inderpuri, New Delhi.
The complainant/Respondent No. 2 Ms. Neetu Dhi:ngra is present in person and is identified by the investigating officer. She states that the
Petitioners and Respondent No.2/Complainant have entered into a
Compromise. In terms of the settlement, marriage between the Petitioner NO. 1 and Respondent No. 2/complainant has been dissolved by a decree of divorce by mutual consent. As part of full and final settlement of all the claims of the Respondent No. 2, the Petitioner No. 1 has paid Z5 lakhs out of which 4 lakhs have already been paid to her and remaining Z 1 lakh has
2011:DHC:12934 been paid in Court today by way a demand draft No. "001153" drawn in favour of ICICI Bank, Prashan Vihar Branch. 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. There is no legal impediment in quashing the FIR in question.
Consequently, FIR No. 136/2009 under Sections 498A/406/34 IPC registered at PS Inderpuri, New Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petition and the pending application are disposed of Order dasti.
AAi, Ji1AI SEPTEMBER 27, 2011 9vAA0 C~ ay-L~~
CUKTA GUPTA,J ilk y 2011:DHC:12934
JUDGMENT