Gautam Singh & Ors v. State & Anr

Delhi High Court · 30 Aug 2011 · 2011:DHC:9710
Mukta Gupta
CRL.M.C. 2809/2011
2011:DHC:9710
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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* IN THE IDGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2809/QOll
GAUTAM SINGH & ORS
Through: ..... Petitioners
Mr. Pradeep Nawani, Advocate with
Petitioner Nos. 1,2,3,4,5,6,9 and 10 in person.
VERSUS
STATE & ANR ! ..... Respondents
CORAM:
Through: Mr. Mukesh Gupta, APP for the State with SI Rakesh, PS Keshav Puram.
Delhi.
Mr. Gajraj Singh, Advocate for
Respondent No.2 with Respondent NO. 2 in person.
HON'BLE MS. JUSTICE MUKTA GUPTA
/o 30.08.2011
Crl.
M.A. No. 10009/2011 (Exemption)
Allowed, subject to all just exceptions.
Crl. M.C. No. 2809/2011
This is a petition for quashing of FIR No. 182/2010 under Sections
498A/406/34 IPC registered at PS Keshav Puram, Delhi.
The complainant/Respondent No. 2 Ms. Shifali Gandhi is present in person and is identifie<il by her counsel. 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 of divorce by mutual consent.
CRL.MC. 280912011
2011:DHC:9710
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As full and final settlemJnt of all the claims of the Respondent No. 2, the
I
Petitioner No. 1 has to pay ~3.70 lakhs out of which ~2.35 lakhs have already
!
I been paid to her and ~1.35 lakhs have been paid today vide demand draft No.
! i
932840 dated 20th August~ 2011 drawn on Bank of Baroda, Patparganj, Delhi.
She further states that in yiew of the settlement between the parties, she does i not want to pursue the abovementioned FIR and the proceedings pursuant
'~hereto.
In v1ew 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 FlR and the proceedings pursuant thereto.
Consequently, FIR No. 182/2010 under Sections 498A/406/34 IPC registered at PS Keshav Puram, Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet m acknowledgment of their statements made before this Court.
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MUKTA GUPTA, J.
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2011:DHC:9710
JUDGMENT