Full Text
{< IN THE HIGH COURT
+ CRL.M .C.27L3l20rl
SHIV KUMAR & ORS
OF DELHI AT NEW DELHI
Through
: Ms. Pournima Gupta, Adv. ..... Respondent
Through : Ms. Rajdipa Behura, APP for State along with Ms. Shashi Jaiswal/R-2 in person.
L8.08.20LL
CRL. M.A 9681/20L1 (Exemption)
Allowed subject to all just exceptions. cRL. M.C. 27L3l20LL
ORDER
1. Vide FIR No. 372 dated 15.06.2002, a case under Sections 4061498A Indian Penal Code, 1860 was registered against the petitioners.
2. The petitioner No.1 is the husband of the respondent No.2 and the petitioners No.2 to 8 are the relatives of petitioner No.1.
3. Counsel for the petitioner submits that the parties have compromised the matter and the marriage between petitioner No.L and the respondent No.2 has already been dissolved vide decree dated 18.01.201-L.
4. As per the settlement, the petitioner No.1/Father shall take care of the two daughter born out of their wedlock and, therefore, the respondent No. 2 has claimed nothing in lieu of maintenance, alimony or streedhan etc.
5. Respondent No.2/Smt. Sunita d/o Late Sh. Amar Singh is personally present in the court. She is duly identified by her counsel 2011:DHC:10670,)/ t Ms, Shashi Jaiswal, Advocate.
6. Respondent No. 2 submits that the marriage between her and the petitioner No. t has already been dissolved vide decree dated 18.01-.201L and she has settled all her disputes with the petitioner No. 1, and she has no objection if the FIR is quashed.
7. To prove the identification of respondent No.2/Ms. Sunita, a Ration Card in original has been produced. The Ration Card has been issued on 20.03.2010 from Circle 17 NCT of Delhi, Ashok Vihar. The name of respondent No. 2 appears at serial No.3 of the Ration Card. The copy of the same is already on record at page NO. 4I of the paper book.
8. Learned APP for State submits that the Charge sheet has been filed and the matter is at the stage of prosecution evidence in the trial court.
9. Keeping the aforesaid settlement in view and the fact that the marriage between the pafties has been dissolved vide a decree of divorce, I quash the FIR 37212002, registered under Sections 4061498A lndian Penal Code, 1860, PS Ashok Vihar and the proceedings emanating therefrom.
10. Keeping in view the poor financial condition of the parties, I refrain myself from imposing cost.
SURES AUGUST 18, 2O1I. j ele,- H KAIT,J