Sanjay & Ors v. State & Anr

Delhi High Court · 18 Aug 2011 · 2011:DHC:10682
Mukta Gupta
CRL.M.C. 2705/2011
2011:DHC:10682
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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\ $-97 HIGH COURT OF DELHI CRL.M.C.2705l20lr SANJAY & ORS ..... Petitioners
Throueh Mr. Arvind Kurnar. Advocate VETSUS STATE & ANR ..... Respondent
Through Mr. Mukesh Gupta APP with Assistant Sub-Inspector Devender
! Kumar PS Adarsh Nagar Ms. Kusum Gupta, Advocate for R2
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
18.08.2011 Crl.
M.A. No. 9656/201.1 (Exemption)
Exemption allowed, subject to all just exceptions. t The application stands disposed of.
CRL.M.C. 2705120L1. and Crt.
M.A. No. 9656/201.1. (Stav)
This is a petition for quashing of FIR No. 33112002 under Sections
498N406134 IPC registered at PS Uttam Nagar, New Delhi and the proceedings pursuant thereto.
CRL.M.C.2705/2011 Page l of 3
2011:DHC:10682 I The cornplainant/Respondent No. 2 Ms. Kamlesh is present in person and is identified 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. 2lcomplainant has been dissolved by a decree of divorce by mutual consent on 3'd March, 20IL As full and final settlement of all the clairns of the
Respondent No. 2, the Petitioner No. 1 was to pay {1,50,000/- out of which
{1,05,0001- have already been paid to her and {45,000/- have been paid in cash to the Respondent No.2/complainant today in the Court. She further states that in view of the settlement between the parties, she does not want to pursue the 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 hence 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. 33112002 under registered at PS Uttam Nagar, New Delhi
CRL.M.C. 270s/2011 Sections 498N406/34 IPC and the proceedings pursuant a
) thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petition and the pending application are disposed of.
Order dasti.
AUGUST 1.8, 20I1.
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ORDER

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