Yogesh Goel & Ors v. State

Delhi High Court · 26 Sep 2011 · 2011:DHC:13078
Mukta Gupta
CRL.M.C. 3227/2011
2011:DHC:13078
criminal appeal_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A and 406 IPC following a genuine and voluntary compromise between estranged spouses who had divorced by mutual consent.

Full Text
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* IN THE HIGH COURT
+ CRL.M.C . 322712011
YOGESH GOEL & ORS through:
CRL.M.C. 3227/2011
OF DELHI AT NEW DELHI..... Petitioners
Mr. P.K. Bhardwaj, Advocate for
Petitioner Nos. I to 4 with Petitioner
Nos. 1 to 4 in person.
Mr. Sanjeev Chaudhary, Advocate for
Petitioner No. 5 with Petitioner No. 5 in person.
VETSUS
STATE ..... Respondent
Mr. Manoj Ohri, APP with SI Kusum
Dangi, PS Kalkaji.
Through:
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
26.09.2011
Crl.
M.A. No. 114471201L (Exemption)
Allowed, subject to all just exceptions.
Crl.
M.A. No. 11448/2011 (Delav)
Iror the reasons stated in the application, the delay in filing the petition is condoned subject to the Petitioners depositing costs of Rs.2,000/- with the
Delhi I-Iigh Court Bar Association Library Fund within one week.
Application stands disposed of.
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2011:DHC:13078
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Crl. M.C. No. 32271281.1 & Crl.
M.A. No. 11"4461201L (Stav)
This is a petition for quashing of FII{ No. 44612007 under Sections
498\1406134IPC registered at PS Sangam Vihar, New Delhi.
Ihc Cornplainant/Petitioner No. 5 Ms. Swati Goel, is present in person and is identified by her counsel. She states that the Petitioner Nos. 1 to 4 and she have entered into a Cornprornise. In terms of the settlement, marriage between the Petitioner No. 1 and Petitioner No. 5/Complainant has been dissolved by a decree of divorce by mutual consent on 3l't Muy, 2010.
As full and final settlernent of all the claims of the Petitioner No. 5, the
Petitioner No. I has paid T75,000/- to her and no claim whatever remains due. She fuither 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 th6ir own free will. volition and without any coercion and no uscful 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 aboveriientioned FIR *i tfr. proceedings pursuant thereto.
CRL.M.C. 3227/2011
Consequently, FIR No. 44612001 under Sections 498 4 IPC rcgistered at PS Sangam Vihar, New Delhi and proceedings pursuant thereto are hereby quashed.
Parlies have signed this order sheet in acknowledgment of their statements made before this Court ll'he petition and the pending application are disposed of. Order dasti.
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MUKTA GUPTA. J.
SEPTEMBER 26.20II
CRL.M.C.3227/2011
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JUDGMENT