Shiraz Datta & Ors. v. State Govt. of NCT of Delhi & Anr.

1. This is a petition for quashing of FIR no.LL2/2010, u/S 498A/406/34 IPC registered by P.S. Crime Against Women Cell, Nanakpura, New Delhi in respect of which investigation is still pending.

2. The ground for quashing of the aforesaid FIR is that the.r+ petitioner no.1 and the respondent no.2/complainant have already been divorced by a competent Court on 25.3.2011. A copy of the decree of divorce granted on the basis of mutual consent is placed on record.

3. It has been stated that divorce was granted in terms of compromise arrived at between the petitioner no.1 and the respondent no.2 on 6.9.2010. The petitioner no.1 was to give a 2011:DHC:9778

4. total sum of {4,80,000/- towards full and final settlement of the entire claim of the respondent no.2/complainant on account of her permanent alimony, maintenance, dowry articles, etc. It is further stated that out of the aforesaid amount, an amount of {3,80,000/- has already been paid and the balance amount of t[1] lac is paid today to the respondent no.2 in Court. The petition is supported by the affidavits of all the petitioners who are present in Court and are duly identified by their counsel. The respondent no.2 is also present in Court and is duly identified by the IO as well as her counsel. Her affidavit is also placed on record at page 82 of the paper book wherein she has admitted the auerments made in the Ol,,,,on. She has accepted the balance amount of t[1] lac towards full and final settlement of her entire claim. The r"rponO"nt no.2 has no objection in case the aforesaid FIR and the consequent proceedings which are pending are quashed. The learned APP also does not have any objection in view of the fact that the parties have arrived at a settlement. Having regard to the aforesaid facts, I am satisfied tMg s1n.e the parties i.e. petitioner no.1 and respondent no.2 have obtained divorce by a competent Court, no useful purpose would be served by keeping the aforesaid FIR and the consequent

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10. proceedings/i nvestigations pending. Accordingly, FIR no.LI2/2010, u/S 49BA/406/34 IPC by P.S. Crime Against Women Cell, Nanakpura consequent investigation are quashed. The petition is disposed of. registered and the v.K. sHALr,J SEPTE RN (< MBER 02,2OL[1] t