PRAMOD KUMAR PANDEY & ORS. ..... Petitioner v. Through Mr. Lalit Kumar Tyagi, Adv. with petitioners in person. STATE OF DELHI & ORS. .....

Delhi High Court · 29 Aug 2011 · 2011:DHC:10907
Khas.; Mr. Pankaj Tiwari, Adv. for Complainant/R-3 with R-3 in person.; HON'BLE MS. JUSTICE MUKTA GUPTA; The Respondent No.2 who is the brother of Respondent No.3 is the complainant in the FIR. He identifies the Respondent No.3 and himself also; -- '~ ~~;
2011:DHC:10907
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, holding that continuation of proceedings would serve no useful purpose.

Full Text
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HIGH COURT OF DELHI
CRL.M.C. 2830/2011
PRAMOD KUMAR PANDEY & ORS. ..... Petitioner
VERSUS
Through Mr. Lalit Kumar Tyagi, Adv. with petitioners in person.
STATE OF DELHI & ORS. ..... Respondent
CORAM:
Through Mr. Mukesh Gupta, APP for State with SI Amit Prakash, P.S. Khajuri
Khas.
Mr. Pankaj Tiwari, Adv. for Complainant/R-3 with R-3 in person.
HON'BLE MS. JUSTICE MUKTA GUPTA
29.08.2011 Crl.M.A. 10092/2011 Exemption allowed subject to just exception.
This is a petition for quashing of FIR No. 308/2003 under Sections
498A/406/34 IPC registered at PS Khajuri Khas, New Delhi.
The Respondent No.2 who is the brother of Respondent No.3 is the complainant in the FIR. He identifies the Respondent No.3 and himself also
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,-! 2011:DHC:10907 ?-- being an advocate. He has placed on record a photocopy of his ID card with the enrolment number. The Respondent No.2 & 3 states that the matter has been settled. In terms ofthe settlement, marriage between the Petitioner NO. 1 and Respondent No. 3 has been dissolved by a decree of divorce by mutual consent on 13th February, 2009. As part of full and final settlement of all the claims of the Respondent No. 3, the Petitioner No. 1 has already paid Rs. 1 lak:h. She further states that in view ofthe 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 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. 308/2003 under Sections 498A/406/34 IPC registered at PS Khajuri Khas, New Delhi and proceedings pursuant thereto are hereby quashed.
CRL.M.C. 283012011 page 2 of3 -·- '- ~ ',I~ --,,;
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Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petition is disposed of. Order dasti.
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JUDGMENT