Deepak & Others v. State & Anr

Delhi High Court · 08 Aug 2011 · 2011:DHC:8932
Mukta Gupta
CRL.M.C. 2549/2011
2011:DHC:8932
criminal petition_allowed

AI Summary

The Delhi High Court quashed the FIR and criminal proceedings under Sections 498A, 406, 34 IPC and Dowry Prohibition Act following an amicable settlement and mutual consent divorce between the parties.

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$-51 HIGH COURT OF DELHI
CRL.M.C. 2549/2011
DEEPAK & OTHERS
Through Petitioner Ml-. Daljeet Dhiman, Adv. with
Petitioners in person.
VERSUS
STATE & ANR Respondent
Through Mi". Mukesh Gupta, APP for State with Mr. Joginder Singh, ASI, P.S.
Seemapuri.
Mr. Kapil Parashar, Adv. for R-2 with R-2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
08.08.2011 This is a petition for quashing of FIR No. 460/2007 under Sections
498A/406/34 IPG & 3/4 of Dowry Prohibition Act registered at PS Seema
Puri, Delhi.
The complainant/Respondent No. 2 Ms. Radhika is present in person and is identified by her counsel and Investigating Officer. She states that the Petitioners and Respondent No.2/Gomplainant have entered into a
Compromise. Interms ofthe settlement, mamage between thePetitioner NO. 1 and Respondent No. 2/complainant has been dissolved by a decree of
2011:DHC:8932 divorce by mutual consent on 11^'^ February, 2010. As part offull and fin settlement of all the claims of theRespondent No. 2, the Petitioner No. 1 has already paid ^ 40,000/- to her. 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 no useful purpose will be served in continuance ofthe 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. 460/2007 under Sections 498A/406/34 IPC &
3/4 of Dowry Prohibition Act registered at PS Seema Puri, Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in aclmowledgment of their statements made before this Court.
The petition is disposed of Orderdasti.
AUGUST 08, 2011 'ga' MUKTA GUPTA,J page 2 of2
Pr 2011:DHC:8932
JUDGMENT