Full Text
CRL.M.C. 2893/2011
MUKESH KUMAR & ORS ..... Petitioners
Through Ms.Nisha Satyarthy, Adv. along with petitioner no.1 in person.
Through Counsel (appearance not given) along with complainant in person.
Mr.Navin Sharma, APP
/o 30.08.2011
ORDER
1. This is a petition for quashing of an FIR no.258/2007, u/S 406/498A/34 IPC registered by P.S. Karol Bagh and the consequent proceedings pending in the Court of Ms.Kiran Gupta, MM, Tis Hazari Courts.
2. The ground for quashing of the aforesaid FIR is that the petitioner no.1/Husband and the respondent no.2/wife have settled their matrimonial disputes. As a consequence of the said settlement, a decree of divorce on the basis of mutual settlement has been obtained from the Competent Court on 28.9.2010. A Copy of the said decree is placed on record.
3. The present petition is supported by the affidavits of all the \,..- ''~i --'-< '! 2011:DHC:9723 ()---parties. The respondent no.2 has stated that apart from the decree of divorce granted on the basis of mutual consent, she has already received an amount of Rs.2,00,000/- out of the total settlement amount of Rs.3,10,000/-. The balance amount of Rs.l,lO,OOO/- has been given to the respondent no.2 in the Court by way of a Banker's cheque bearing No.905962 dated 30.8.2011 in favour of Smt.Nisha drawn on Bank of Baroda, Nirman Bhawan Branch, New Delhi towards the full and final settlement of the dispute.
4. Parties are also present and are duly identified by their respective counsel.
5. Since the parties have settled their matrimonial dispute, no useful purpose would be served by keeping aforesaid FIR and the consequent proceedings pending.
6. Accordingly, FIR no.258/2007, u/S 406/498A/34 IPC registered by P.S. Karol Bagh and the consequent proceedings are quashed.
7. Parties to bear their own costs.
AUGUST 30, 2011 RN y V.K. SHALI,J ',-~~ ----' ·,~