Full Text
CRL.M.C. 2660/2011
RAMIT OHLAN &ORS. Petitioners
Through Mr. Manish Kr. Singh, Adv.
Through Mr. Sunil Kr. Sharma, APP with SI Pushpendra, PS Mehrauli.
Mr. Sanjeev Soni, Adv. for R-2/complainant.
09.09.2011
ORDER
1. This is a petition for quashing of an FIR No. 379/2010 u/S 498A/406/34 IPC registered by P.S. I^lehrauli and the consequent investigations carried out by the police.
2. The ground for quashing of the FIR is that the petitioner no.l/husband and respondent no.2/complainant have got their ^ marriage dissolved on the basis of mutual consent on 30.7.2011 by obtaining a decree of divorce from the Competent Court. Copy of the said decree is placed on record.
3. The petition is supported by the affidavits of all the seven petitioners. Today only petitioner no.l Is present in the Court as petitioner nos. 2 to 7 are exempted from their appearance vide order dated 11.8.2011. Petitioner no.l has also been 2011:DHC:12182 •> \ identified by his counsel.
4. The respondent no.2 is present in the Court and has already filed an affidavit in support of the averments made in the petition. She has further stated that she has no objection in case the above said FIR and consequent investigations are quashed. Respondent no.2 has also been identified by her counsel as well as by the I.O.
5. As a matter of compromise, the petitioner no.l has agreed to pay a sum of Rs.[8] lacs to the respondent no.2. Out of the total settlement amount of Rs.[8] lacs, a sum of Rs.[6] lacs has already been paid to the respondent no.2. Balance amount of Rs.[2] lacs is being paid to the respondent no.2 by way of a draft today in the Court. Respondent no.2/complainant has accepted the draft of Rs.[2] lacs today in the Court.
6. Learned APP states that he does not have any objection to the quashing of the FIR and the consequent investigations since the matter stands compromised between the petitioner no.l and the respondent no.2.
7. In view of the aforesaid facts, as the petitioner no.l/husband and respondent no.2/complainant have been divorced, no useful purpose would be served by keeping the investigation in respect of the aforesaid FIR pending.
8. Accordingly, FIR No. 379/2010, u/S 498A/406/34 IPC registered by P.S. Mehrauli and the consequent Investigations carried out - -r by the police are quashed.
9. Parties to bear their own costs.
10. Dasti.
SEPTEMBER 09, 2011 KA V.K. SHALI,J