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$-22 HIGH COURT OF DELHI cRL.M.C. 946 /20LI AJAY KUMAR & ORS ..... petitioners
Through Mr. Anil Kumar Chhabra, Advocate
Mr. Ashok Arya, Advocate for R-2.
Through
ORDER
14. 09.20 1 1 \ Cnl. M.C. No. 946/2O11
1. This is a petition filed by the petitioners who are five in number for the quashing of FIR no.228/2006 filed under Section 498A/406/34 IPC registered at Police Station Tilak Nagar in respect of which the trial is still pending.
2. The ground for quashing of the aforesaid FIR is that the petitioner No.1, Ajay Kumar has settled all his matrimonial disputes with the respondent No.2/ Ms.Rajni, as a consequence of the said settlement, the parties have obtained divorce from a competent Court on 09.11'2010. It is stated that in terms of compromise an amount of {5,.00,000/- was to be paid to the respondent No.2, Ms.Rqjni towards the full and final settlement of her claim. 2011:DHC:12252 i)-
3. It has been further stated that out of the said amount, a sum of T[3],50,000/- has already been paid to respondent no.2 at the time of recording of statement of the first and the second motion and the balance amount of {1,50,000/- will be paid through demand draft/pay order today at the time of quashing of FIR before this Court.
3. The petition is supported by an affidavit of Ajay Kumar who is present in Court and has been duly identified by his counsel. Petitioner nos. 2 to 5 are close relations of petitioner no.1, Ajay Kumar and though no affidavits on their behalf have been filed but they are present in Court and have also been identified by learned counsel for the petitioner.
4. So far as the respondent no.2, Ms. Rajni is concerned, she is present in Court and has been identified by her counsel. She has also filed her affidavit and has stated that she has no objection in case the aforesaid FIR un[9] the consequent proceedings initiated against the present petitioners are quashed.
5. In view of the settlement, the learned App does not have any objection to the prayer made by the parties.
6. As the matrimonial dispute between petitioner no.1 and respondent no.2 has been settled and a decree of divorce by way of mutuat consent has been obtained from the Competent Court, no useful purpose would be served by keeping the investigation in respect of the aforesaid FIR and consequent proceedings pending.
7. Accordingly, FIR no. 228/2006 filed under Sectio n 49BA/40634 IPC registered at Police investigations are quashed.
SEPTEMBER L[4],zOL': b t-( I I Station Tilak Nagar and the.onruCr"/t Parties to bear their own costs. v.K. SHALI,J t -,I