Rajesh Rukhar @ Rajesh Kumar & Ors. v. State & Anr

Delhi High Court · 04 Aug 2011 · 2011:DHC:11583
Suresh Kait
CRLM.C. 2548/2011
2011:DHC:11583
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498-A, 406, and 34 IPC following an amicable settlement and mutual divorce between the parties.

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$-36 HIGH COURT OF DELHI
CRLM.C. 2548/2011
RAJESH RUKHAR @ RAJESH KUMAR &ORS Petitioners
Througli: Ms. Jyoti Gupta, Adv.
VERSUS
STATE & ANR Respondents
Through: Ms. Ritu Gauba, APP for the State with SI Rajpal Singh, PS Gandhi
Nagar, Delhi Respondent No. 2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
04.08.2011
CRL. M.A. 9106/2011 (Exemption)
Allowed subject to all just exceptions.
CRL.M.C. 2548/2011
ORDER

1. Notice.

2. Ms. Ritu Gauba, APP accepts notice on behalf of the State

3. Ld. Counsel for the petitioner submits that vide FIR No.16/2002 dated 29.01.2002 a case under Section 498- A/406/34 of the Indian Penal Code was registered at PS Gandhi Nagar, Delhi against the petitioner No.l husband and the petitioner No. 2 & 3 mother-in-law and sister-in-law of the 2011:DHC:11583 paid to the respondent No.2. Respondent No.2 also admits the sanne.

6. Respondent No. 2 Ms. Pooja d/o Shri Kailash Chand r/o 2394, Gall No.12, KailashNagar, Delhi is personally present in the Court who has been identified by SI Rajpal Singh, PS Gandhi Nagar, Delhi. She subnnits that all the disputes qua the aforesaid FIR against the petitioners have been settled and does not want to pursue the matter any further and also does not have any objection if the aforesaid FIR is quashed.

7. Ld. Counsel for the petitioner also submitted that a. decree of divorce by mutual consent has already been granted on 02.06.2011.

8. In view of the above facts and circumstances of the case and also l<eeping in view the settlement arrived at between the parties and in the interest of justice, I quash the aforesaid FIR No.16/2002 dated 29.01.2002 under Section 498-A/406/34 of the IPG registered at PS Gandhi Nagar, Delhi against the petitioner and all proceedings emanating therefrom.

9. Since the petitioners belong to a very lower strata of the society and keeping in view their financial status, I defer imposing costs on them.

10. The CRL.M.C. No.2548/2011 is allowed accordingly.

11. Dasti.

AUGUST 04, 2011 RS SURESH KAIT, J