VIJAY KUMAR GHAI & ORS. Petitioner Through Mr. Anish Dhingra, Adv. for P-2 with P-2 in person. Mr. Vineet Sharma, Adv. for P-1, 3 to 6 with petitioners in person. v. STATE NCT OF DELHI

Delhi High Court · 05 Sep 2011 · 2011:DHC:9823
HON'BLE MS. JUSTICE MUKTA GUPTA
2011:DHC:9823
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A and 406 IPC following a mutual settlement and divorce by consent, holding that continuation of proceedings would serve no useful purpose.

Full Text
Translation output
$-43 HIGH COURT OF DELHI
CRL.M.C. 2949/2011
.VIJAY KUMAR GHAI & ORS. Petitioner
Through Mr. Anish Dhingra, Adv. for P-2 with P-2 in person.
Mr. Vineet Sharma, Adv. for P-1, 3 to 6 with petitioners in person.
VERSUS
STATE NCT OF DELHI Respondent
Through Mr. Manoj Ohri, APP for State.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
05.09.2011 This is a petition for quashing of FIR No. 59/2000 under Sections
498A/406 IPG registered at PS Pahar Ganj, New Delhi.
The complainant/Petitioner No. 2 Ms. Shakuntla Arya 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. 1 and Petitioner No. 2/complainant has been dissolved by a decree of divorce by mutual consent on 31®' March,
ORDER

2011. As part of full and final settlement of all the claims of the Petitioner CRL.M.C. 2949/2011 2011:DHC:9823 No. 2, the Petitioner No. 1 has paid Rs. 5 laldis out of which Rs. 3 laldis have already been paid to her andRs. 2 laklis has beenpaid today in courtby way of demand draft Nos. 041488, 041533 & 176514 dated 4'^ August, 2011, 9^'^ August, 2011 9^^ August, 2011 drawn on Bank ofIndia and SBI for an amount of Rs. 1,00,000/-, 55,000/- and 45,000/- respectively. She further states that in view ofthe settlement between the parties, she does not want to pursuethe 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. 59/2000 under Sections 498A/406 IPC registered at PS Pahar Ganj, New Delhi and proceedings pursuant thereto are hereby quashed. It is further directed that the dowry articles lying in the Police Station Pahar Ganj will be released to the Petitioner No.l as agreed between the parties. CRL.M.C. 2949/2011 page 2 of[3] Parties have signed this order sheet in acknowledgment of their statements made before this Court. The petition is disposedof. Order dasti.

MUKTA GUPTA,J SEPTEMBER 05, 2011