ANIL KUMAR & ORS Petitioner Through Mr. K.K. Tyagi, Advocate with petitioner in person. v. STATE & ORS

Delhi High Court · 08 Sep 2011 · 2011:DHC:12165
HON'BLE MS. JUSTICE MUKTA GUPTA; 2011:DHC:12165 settlement between the parties, she does not want to pursue the abovementioned FIR andthe proceedings pursuant thereto.; In view of the fact that the parties have amicably resolved their differences of their
2011:DHC:12165
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.

Full Text
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HIGH COURT OF DELHI
CRL.M.C. 2924/2011
ANIL KUMAR & ORS Petitioner
Through Mr. K.K. Tyagi, Advocate with petitioner in person.
VERSUS
STATE & ORS Respondent
Through Mr. Manoj Ohri, APP for the State with SI Amit Chaudhary.
Mr. V.K. Chopra, Adv. for R-2 with R-2 in person..
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER o/o 08.09.2011 This is a petition for quashing of FIR No. 280/2010 under Sections
498A/406/34 IPC registered atPS Malviya Nagar, New Delhi.
The complainant/Respondent No. 2 Ms. Pushpa Rani is present in person and is identified by her counsel and 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. 2/complainant has been dissolved by a decree ofdivorce by mutual consent on 5^*^ July, 2011. As part offull and final settlement of all the claims of the Respondent No. 2, the Petitioner NO. 1 has already paid ,30,000/-. She further states that in view of the
2011:DHC:12165 settlement between the parties, she does not want to pursue the abovementioned FIR andthe 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. There is no legal impediment in quashing the FIR in question.
Consequently, FIR No. 280/2010 under Sections 498A/406/34 IPG registered at PS Malviya Nagar, 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 is disposed of.
Order dasti.
SEPTEMBER 08, 2011 s r-~ A J I "mUKTA GUPTA,J
_y .<rO ^ A" / 2011:DHC:12165
JUDGMENT