Amit Malhotra & Ors. v. Govt. of NCT of Delhi & Anr.

Delhi High Court · 16 Sep 2011 · 2011:DHC:12623
Mukta Gupta
CRL.M.C. 1288/2011
2011:DHC:12623
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC following a mutual settlement and divorce by consent, holding that continuation of proceedings would serve no useful purpose.

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HIGH COURT OF DELHI
CRL.M.C. 1288/2011 & Crl.M.A. 4816/2011 (stay)
AMIT MALHOTRA & ORS. Petitioner
Through Mr. Prabhjit Jauhar, Adv. With Petitioenrs in person.
VERSUS
GOVT. OF NCT OF DELHI & ANR. Respondent
Through Mr. Manoj Ohri, APP with SI Surya Prakash, P.S. Prasant Vihar.
Mr. Priyanka Gupta, Adv. For R-2 with R-2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
16.09.2011 This is a petition for quashing of FIRNo. 503/2010 under Sections
498A/406/34 IPG registered at PS Prashant Vihar, NewDelhi.
The complainant/Respondent No. 2 Ms. Manvi Khanna is present in person and is identified by her counsel. She states that the Petitioners and
Respondent No.2/Complainant have entered into a Compromise. Interms 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 2""^ September, 2011. As part of full and final settlement of all theclaims ofthe Respondent No. 2,thePetitioner No. 1hasalready paidRs.
CRL.M.C. 1288/2011
2011:DHC:12623 r 20 lakhs, to her. 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. 503/2010 under Sections 498A/406/34 IPG registered atPS Prashant Vihar, New Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petition and the pending application are disposed of. Order dasti.
MUKTA GUPTA,J SEPTEMBER 16, 2011 'ga'
CRL.M.C. 1288/2011 page 2 of2
. - 2011:DHC:12623
JUDGMENT