Amit Kumar & Ors v. State & Anr

Delhi High Court · 09 Sep 2011 · 2011:DHC:17078
Mukta Gupta
w.P.(cRL) 1238/2011
2011:DHC:17078
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC following an amicable settlement and divorce by mutual consent between the parties.

Full Text
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IN THE HIGH COI]RT w.P.(cRL) r238t2orr
AMIT KUMAR & ORS
Through:
OF DELHI AT NEW DELHI..... Petitioner
Mr. Ajay Verma, IVIr. Gaurav
Bhattacharya, Advs. with Petitioners in person.
VETSUS
STATE & ANR ..... ResPondent
Through: Mr. Dayan Krishnan, ASC for State with SI Hari Singh, P.S. NanakPura.
R-2 in person.
CORAM:
I{ON'BLtsMS. JUSTICE MI]KTA GUPTA o
Cr1.M.A. 1069312011
09.09.20L1
Exemption allowed subject to just exception. w.P.(cRL) 1238/2011
This is a petition for quashing of FIR No. 60120I'0 under Sections
4}BN406134IPC registered at PS CAW Cell, Nanakpura, Delhi.
The complainant/Respondent No. 2 Ms. Silky Arora is present in person and is identified by the Investigating Officer. She states that the
Petitioners and Respondent No.2/Complainant have entered into a
Compromise. In terms of the settlement, marriage between the Petitioner NO. 1 and Respondent No. 2lcomplainant has been dissolved by a decree of w.P.(ckl) 12s8/2011
2011:DHC:17078
'ti. divorce by mutual consent. As part of fuIl and final settlement of all the claims of the Respondent No. 2, the Petitioner No. t has already paid T4 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. 6012010 under Sections 498N406134 IPC registered at PS CAW Cell, Nanakpura, 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 is disposed of. Order dasti. tlr"^X/-4Tg
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MUKTA GUPTA, J.
SEPTEMBER 09,2OII
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JUDGMENT