Khushwant Singh v. State NCT of Delhi

Delhi High Court · 19 Aug 2011 · 2011:DHC:10742
Suresh Kait
CRL.M.C. 2724/2011
2011:DHC:10742
criminal appeal_allowed

AI Summary

The High Court quashed an FIR under Sections 498A, 406, and 34 IPC following an amicable settlement between parties and absence of objection from the complainant, even at the trial stage.

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* IN THE HIGH COURT OF
+ CRL.M .C.2724120LL
KHUSHWANT SINGH & ORS.
Through :Mr. VCTSUS
STATE NCT OF DLEHI & ORS.
Through:Ms. DELHI AT NEW DELHI..... Petitioner
Balvinder Singh, Adv. ..... Respondent
Ritu Gauba, APP.
%
CORAM:
HON'BLE MR. JUSTICE SURESH KAlr
19.08.201 1
ORDER

1. Vide FIR No. 39512004, a case under Sections 498A1406134 Indian Penal Code, 1860 was registered at P.S. Seema Puri against the petitioner No.1, husband of respondent No. 2 and petitioners No. 2 to 4.

2. Learned counsel for the petitioner submits that the marriage between respondent No. 2 and petitioner No. I has been dissolved vide decree of divorce dated 22.09.2006.

3. Respondent No.2, Ms. Surender Kaur is personally present in the court with her father. She has produced her ldentity card issued by Election Commission of India. Copy of the same is already on record at Page No. 42 of the paper book. The original is returned to her after seeing the same.

4. Respondent No.2, Ms. Surender Kaur submits that she has settled all the disputes with the petitioners and nothing remains pending qua the aforesaid FIR and she has no objection if the aforesaid FIR is quashed 2011:DHC:10742

5. Learned APP for State submits that the case is at the stage of recording of prosecution evidence in the trial court'

7. In the above mentioned facts and circumstances and in view of the Statement of the pafties, in the interest of justice, I quash the FIR No. 3g5l2OO[4] registered at P.S. Seema Puri under Sections 498A1406134Indian Penal Code, 1860.

6. Keeping in view the fact that the petitioner No.l is mentally challenged, I refrain myself from imposing cost.

7. Crl. M.C 2724\2OLI is allowed and disposed of on the above terms.

8. Dasti. suREsH KAIT, J AUGUST 19, 20L[1] j