Ravi Kumar v. State

Delhi High Court · 19 Sep 2011 · 2011:DHC:12650
Suresh Kait
CRL.M.C. 2755/2011
2011:DHC:12650
criminal appeal_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC following an amicable settlement and mutual divorce decree, exercising its inherent power under Section 482 CrPC.

Full Text
Translation output
$-e HIGH COURT OF DELHI CRL.M.C. 2755120LL RAVI KUMAR & ORS ..... Petitioners
Through : Mr.Gurjit Singh, Adv. VCTSUS STATE & ANR ..... ResPondent
Through : Ms.RajdiPa Behura, APP for State with W/ASI Pushpa in person.
Mr.Dinesh Malik, Adv for R-2.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
ORDER o/o 19.09.2011
JUDGMENT

1. Learned counsel for petitioners submits that vide FIR No.171/2009 dated 07.08.2009 a case under Section 498A1406134 tndian Penal Code, 1860 was registered on the complaint of respondent No.2, Smt.Sita Devi against petitioners at police station DB Gupta Road, Delhi.

2. Further submits, that respondent No.2 has amicably settled all the issues qua the aforesaid FIR with the petitioners and decree of divorce between the petitioner No.1 and respondent No.2 has already been granted on 04.03.20LL under Section 13 (b) Hindu Marriage Act by mutual consent. CRL.M.C. 2755/2077 Page L of 3 a. 2011:DHC:12650 ? e

3. Respondent No.2 is present in person with her learned counsel Mr.Dinesh Mailk, who has duly identified her and by WASI Pushpa, l.O. as well. She submits that this matter was settled for a total sum of T 4.75lacs; out of which she has already received T 3.75lacs and the remaining amount of T 1.00lac has been handed over today by way of demand draft bearing No.397384 dated 05.09.2011 drawn in her favour at Punjab National Bank. She has accepted the draft without any protest.

4. Learned counsel for petitioner submits that the aforesaid amount is in lieu of the maintenance and permanent alimony and all claims against the petitioners.

5. Keeping the settlement into view; decree of divorce dated 04.03.20LL, FtR No.17112009 under Section 49841 406134 Indian Penal Code, 1860 registered against petitioners at police station DB Gupta Road, Delhi is hereby quashed.

6. Learned APP submits that investigation is pending and no charge-sheet has been filed. CRL.M.C. 2755/2077 -\ e

7. Since the petitioners are from lower strata of society, considering their financial position, I refrain in imposing any costs upon them.

8. In view of above, Criminal M.C. No.2755 120L[1] is hereby allowed and stands disposed of accordingly. suREsH KAIT, J SEPTEMBER L[9],?OLL gvtL