Pramukh @ Pramod v. State & Anr.

Delhi High Court · 16 Sep 2011 · 2011:DHC:12601
V. K. Shali
M.C. 3113/2011
2011:DHC:12601
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC following a mutual consent divorce and settlement between the parties, holding that continuing the criminal trial served no useful purpose.

Full Text
Translation output
\ It $-43 HIGH COURT OF DELHI cRL. M.C. 3II3/20LI
PRAMUKH @ PRAMOD & ORS. ..... Petitioners
Through Mr. Pujya Kumar Singh, Advocate VCTSUS
STATE & ANR.
Through Mr. Navin State Mr. Vikas ..... Respondents
Sharma, APP for the Sharma, Advocate for R- olo
1.
CORAM:
HON'BLE MR. JUSTICE V.K. SHALI
16.09.2011 This is a petition for quashing of FIR no. 637 /2007 u/S
498A/406/34 IPC registered by P.S. Manglopuri in respect of which trial is pending at District Courts Rohini, Delhi.
The ground for quashing of the aforesaid FIR is that the petitioner no.1, Pramukh @ Pramod has arrived at a compromise with the respondent no.2 /Ms. Hemlata in pursuance to which all the matrimonial disputes have been settled. As a consequence of the said settlement, the parties have obtained divorce by mutual consent from a competent Court. It is stated that an
,+ 2.
2011:DHC:12601 3. amount of Rs.3,75,000/- has been given by the petitioners to the respondent no.2/Ms. Hemlata towards the full and final settlement of her entire claim.
The petition is supported by the affidavit of petitioner no.1 only who is present along with petitioner nos. 2 to 6 in Court today.
Petitioners are identified by the learned counsel for the petitioners whose photographs are also affixed in the memo of parties.
So far as the respondent no.2/ Ms. Hemlata is concerned, she is present in Court and has been identified by her counsel as well as by SI Uma Dutt, Police Station Mangolpuri. She has also filed her affidavit supporting the averments made in the petition with regard to the grant of the divorce by the Competent Court on the basis of the mutual consent. She has also stated that amount of Rs.3,75,000/- has been received by her from the petitioner no.1. she has stated that she has no objection in case the aforesaid FIR and the consequent proceedings initiated against the present petitioners are quashed.
In view of the settlement, the learned APP does not have any objection to the prayer made by the parties.
/ Having regard to the aforesaid facts of the case, I feel that no useful purpose will be served by keeping the criminal trial ti
> 5.
6. against the present petitioners pending. Accordingly, FIR NO. 637/2007 u/S 49BA /406/34 IPC registered by P.S. Manglopuri and the consequent proceedings pending in the Court of learned
Metropolitan Magistrate, District Courts Rohini are quashed.
ORDER

7. Parties to bear their own costs. v.K. sHALr,J, i SEPTEMBER L[6],zOtL \'/ b^ v' *D