Jaipreet Singh Bakshi & Ors. v. State & Anr.

Delhi High Court · 20 Sep 2011 · 2011:DHC:13046
Suresh Kait
CRL.M.C. 3132/2011
2011:DHC:13046
criminal appeal_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 406, 498A, and 34 IPC in a matrimonial dispute following an amicable settlement between the parties.

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$-10 HIGH COURT OF DELHI
CRL.M.C. 3132/2011 o/o
JAIPREET SINGH BAKSHI & ORS ..... Petitioners
Through Mr. Pankaj Mendiratta, Adv.
VERSUS
STATE & ANR ..... Respondents
CORAM:
Through Ms.Rajdipa Behura, APP for State with
JUDGMENT

51 Narinder Kaur, PS Lajpat Nagar HON'BLE MR.

JUSTICE SURESH KAIT ORDER 20.09.2011 Cri.M.A.11125/2011 Exemption is allowed subject to just exceptions. Criminal M.A. stands disposed of. CRL.M.C. 3132/2011

1. Issue notice.

2. Ld. APP accepts notice on behalf of State/respondent No.1. Ms.Vimmy Bakshi, respondent No.2 who is present in person and is identified by 10, accepts notice.

3. Ld. counsel for the petitioners submits that vide FIR No.35 dated 03.02.2009 a case was registered against the petitioners under Section 406/498A/34 Indian Penal Code, 1860 at PS Lajpat Nagar on the complaint of respondent No.2.

4. Ld. counsel for the petitioners further submits that respondent ' -'· -~ 2011:DHC:13046 No.2 after having settled all the disputes have decided to live together with petitioner No.1 as husband and wife vide settlement dated 17.08.2010.

5. In clause 6(a) of the Settlement dated 17.08.2010 it is stated that respondent No.2 undertakes to co-operate in the quashing of FIR No.35/2009 under Section 406/498A/34 Indian Penal Code, 1860 at PS Lajpat Nagar pending before the Court of Ms. Surya Malik Grover, MM, Delhi.

6. Respondent No.2 further submits that she has no grievance against the petitioners qua the aforesaid FIR and she is staying at her matrimonial home with the petitioner No.1.

7. Keeping in view the settlement between the petitioner No.1 and respondent No.2 and that they are living happily together; in the interest of justice, FIR No.35/2009 under Section 406/498A/34 Indian Penal Code, 1860 registered against the petitioners at PS Lajpat Nagar and the proceedings arising out therefrom are hereby quashed.

9. CRL.M.C. 3132/2011 is allowed in the above terms.

SEPTEMBER 20, 2011 vld SURESH KAIT,J -" _ __!,