Poonam v. State

Delhi High Court · 02 Sep 2011 · 2011:DHC:9790
Mukta Gupta
CRL.M.C. 148/2011
2011:DHC:9790
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.

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/ HIGH COURT OF DELHI
CRL.M.C. 148/2011
POONAM &ORS. ..... Petitioner
VERSUS
STATE
CORAM:
Through Mr. Abhishek Singh, Adv. for P-1 with Petitioners in person. ..... Respondent
Through Mr. Mukesh Gupta, APP for State with SI Wili~m, CAW Cell K.Market.
HON'BLE MS. JUSTICE MUKTA GUPTA
02.09.2011 This is a petition for quashing of FIR No. 163/2005 under Sections
498A1406/34 IPC registered at PS Rajinder Nagar, New Delhi.
The complainantlPetitioner No.1 Ms. Poonam is present in person and is identified by her counsel. She states that the Petitioners and
Complainant have entered into a Compromise. In terms of the settlement, marriage between the Petitioner No.2 and Petitioner No. lIcomplainant has been dissolved by a decree of divorce by mutual consent on 8th September,
ORDER

2010. As part of full and final settlement of all the claims of the Petitioner No.1, the Petitioner No.2 has paid ~ 5 lakhs out of which ~3 lakhs have already been paid to her and ~2 lakhs has been paid today in Court by way eRL.M.e. 14812011 -------....!. ~-~-------!. 2011:DHC:9790 ~, ej, of 2"" demand drafts No. 379627 and 895280 dated 30.08.2011 and ~ ---- 29.08.2011 drawn on Corporation Bank and Bank of Baroda for Rs. 1 lakh each respectively. 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. 163/2005 under Sections 498A1406/34 IPC registered at PS Rajinder Nagar, New Delhi and proceedings pursuant b q uashed. I d ment of their t o are here y. acknow e g there d r sheet m. d this or e ~ Parties have slgne ) ~I d before this Court.,\ ents rna e. • 6-1", statem f Order dast!. #~l-.J The petition is disposed 0. 'Y '(jJJf. '{} v~ I: J.../ '·/~~". v 4~ BER 02, 2011 page 2 of[2] V SEPTEM y~.~~ty, •.A~.j\ 10. ~~, 0 /. ' - ~.,.j)-~~M.C.148/20IJhL 1· (~~"\~v.Y'. Vv.v:~ \. _ )- ~~ ~\~ 't. \.{V'':::2.-. )(V'/" }-'!> ~~'f17'''A cs>'f~c~_ ~. ~ t;', ~~ (\..~n)~~A ~¥f'J_, () T '\ e1"l. ~ ~ ","I{Jf b' lo.W"'1 ~ V\. •~ (Y "'~ &'