Vijay Kohli & Ors. v. State & Ors.

Delhi High Court · 02 Aug 2011 · 2011:DHC:11556
Mukta Gupta
CRL.M.C. 2506/2011
2011:DHC:11556
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC following a mutual settlement and divorce by consent between the parties, holding that continuation of proceedings would serve no useful purpose.

Full Text
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70# HIGH COURT OF DELHI
CRL.M.C. 2506/2011
VIJAYKOHLI&ORS.
Through:
VERSUS
Petitioner Mr. V.K. Kalra, Advocate with Petitioner in person.
STATE & ORS Respondents
Through: Mr. C.L. Gupta, APP with SI Veer Sain.
Mr. Pradeep Mishra, Advocate Respondent No. 2 with Respondent
No. 2 in person.
CORAM:
HON'BLE MS. JUSTICE MUK1V\ GUPTA O R D E R 02.08.2011
CrI.
M.A. No. 8976/2011 (Exemption)
Allowed, subject to ail just exceptions Crl. M.C. No. 2506/2011
This is a petition for quashing of FIR No. 454/2007 under Sections
498A/406/34 IPG registered at PS Subzi Mandi,New Delhi.
The Complainant/Respondent No. 2 Ms. Geeta Kohli is present in person. She slates that the Petitioners asid Respondent No.2/CoiTiplainanl
CRL.M.C. 2506/2011 ^ ^
2011:DHC:11556 have entered into a Compromise/ In lerr.i^ of the settlement, maniage between the Petitioner No. 1 and Respondent No. 2/Complainant has been dissolved by a decree ofdivorce by mutual consent on 20^*^ July, 2011. As full and final settlement of all the claims of the Respondent No. 2, the
Petitioner No. 1 has to pay ^3.55 laldis out of which ^'2 lakhs have already been paid to her and ?1.55 laldis havepaid to her today vide pay order
No. 113070 dated 28'^ July, 2011 drawn on Axis Bank. She further states that in view of the settlement betM^een 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, volitioii and without any coercion and no useful purpose will be served in coiianuance ofthe proceedings, rather the same would create further acrimony, between them, it would be m the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.
Consequently, FIR No. 454/2007 under Sections 498A/406/34 IPC registered at PS Subzi Mandi, New Delhi ..and proceedings pursuant thereto are hereby quashed.
Parties, who are identified by their respective counsels, have signed
CRL.M.C. 2506/2011 this order sheet in aclaiowledgineii". r.f thei;- statements made before"this
Court.
The petitionis disposed of. Orderdasti.
MUKTA GUPTA, J.
AUGUST 02,2011 'vn' 8 0- aM.o - ^\\"S0 0.
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CRL.M.C. 2506/2011 Page 3 of3
JUDGMENT