Radhey Shyam & Ors v. State & Anr

Delhi High Court · 14 Sep 2011 · 2011:DHC:12247
Ms. Justice Mukta Gupta
CRL.M.C.2978/2011
2011:DHC:12247
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC following an amicable settlement and divorce by mutual consent between the parties.

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HIGH COURT OF DELHI
CRL.M.C.2978/2011
RADHEY SHYAM & ORS Petitioner
Through Mr. D.K. Srivastava, Adv. with petitioners in person.
VERSUS
STATE & ANR Respondent
Through Mr. Mukesh Gupta, APP for State with SI Rajvir Singh, CWC Nanak
Pura, with ASI Santosh, P.S. Sarai Rohilla.
Mr. Ramesh Sethi, Adv. for R-2 with
• R-2inperson.
CORAM:
( HON'BLE MS. JUSTICE MUKTA GUPTA
14.09.2011 This is a petition for qashing of FIR No. 451/2007 under Sections
498A/406/34 IPC registered at PS Sarai Rohilla, Delhi.
The complainant/Respondent No. 2 Ms. Shiv Kumari is present in person and is identified by her counsel and Investigating Officer. She states that the Petitioners and Respondent No.2/Complainant have entered into a
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 on 29th March, 2011. As part of full and final
CRL.M.C. 297812011 2011:DHC:12247 settlement of all the claims of the Respondent No. 2, the Petitioner No. 1 has paid Rs. 1.5 lakhs out of which Rs. 1 lakh has already been paid to her and
Rs. 50,000/- has been paid today in Court by way of demand draft NO. 936858 dated 6th July, 2011 drawn on United Bank of India; 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.
Consequently, FIR No 451/2007 under Sections 498A/406/34 IPC registered at PS Sarai Rohilla, Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their a statements made before this Court.
SEPTEMBER 14, 2011/'ga' CRL.M.C. 297812011 J l
V
) page 2 of2 y4U1)t OYI L The petition is disposed of. Order dasti. p T
2011:DHC:12247
JUDGMENT