Bhagwan Singh & Ors. v. Sunita & Anr

Delhi High Court · 26 Sep 2011 · 2011:DHC:18152
Mukta Gupta
W.P.(CRL) 1225/2011
2011:DHC:18152
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 418 and 406 IPC following an amicable compromise and mutual divorce between the parties, holding that continuation of proceedings would serve no useful purpose.

Full Text
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* IN TIIE HIGH qOURT
+ w.P.(cRL) 122s/20rr
OF DELHI AT NEW DELHI
BHAGWAN SINGH & ORS ..... Petitioner
Through Nft. D. K. Pandey, Advocate with petitioners in person.
VERSUS
SUNITA & ANR ""' ResPondent
Through Mr. Vikas Dudeja, Adv. for R-l with
Respondent in Person.
Mr. Rajesh Mahajan, A.S.C. for State with ASI Mohinder Kumar.
CORAM:
HON'BLE MS. JUSTICE MUKTA GI]PTA o/o 26.09.201.1
This is a petition for quashing of FIR No. 92912007 under Sections
418N406IPC registered at PS Sultanpuri, New Delhi on the complaint of
Respondent No. 1 Sunita.
The complainantlRespondent No. 1 Ms. Sunita is present in person and is identified by the Investigating Officer and her counsel. She states that the Petitioners and Respondent No.l/Complainant have entered into a
Compromise. In terms of the settlement, marriage between the Petitioner No.
I and Respondent No. 2lcomplainant has been dissolved by a decree of divorce by mutual consent on. As part of futl and final settlement of all the claims of the Respondent No. 1, the Petitioner No. t has paid {3 lakhs out of which { 2 lakhs have already been paid to her and remaining Rs. one lakh
2011:DHC:18152
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€d gftrt ffi i has been paid in Court today by way two demand drafts for Rs.49500/- each and fu. one thousand in cash. She fuither states that in view qf 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. 92912007 under Sections 498N406 IPC registered at PS Sultanpuri, 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 stands disposed of. Order dasti.
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,MUKTA GUPTA.J
EPTEMBER 26, 20tl
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2011:DHC:18152
JUDGMENT