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HIGH COURT OF DELHI
CRL.M.C. 2033/2011
AJAY KUMAR & ORS. Petitioner
Through Mr. Sunil Vasisht, Adv. with Petitioners in person.
CRL.M.C. 2033/2011
AJAY KUMAR & ORS. Petitioner
Through Mr. Sunil Vasisht, Adv. with Petitioners in person.
VERSUS
STATE OF DELHI & ANR Respondent
Through Mi". Mukesh Gupta, y\PP for State with Mr. Ram Niwas, SI, GAW Gell, N.E.
Mr. Arun Sheoran, Adv. for R-2 with R-2 in person.
COl^M:
HON'BLE MS. JUSTICE MUKTA GUPTA
01.08.2011 This is a petition for quashing of FIR No. 441/2006 under Sections
498A/406/34 IPG read with Section 3/4 Dowry Prohibition Act registered at
PS Shahdara, Delhi.
The complainant/Respondent No. 2 Ms. Punita Ghaudhary is present inperson and is identified by hej" counsel and the Investigating Officer. She states that the Petitioners and Respondent No.2/Gomplainant have entered into a Compromise. In terms of the settlement, marriage between the
Petitioner No. 1 and Respondent No. 2/complainant has been dissolved by
Through Mi". Mukesh Gupta, y\PP for State with Mr. Ram Niwas, SI, GAW Gell, N.E.
Mr. Arun Sheoran, Adv. for R-2 with R-2 in person.
COl^M:
HON'BLE MS. JUSTICE MUKTA GUPTA
01.08.2011 This is a petition for quashing of FIR No. 441/2006 under Sections
498A/406/34 IPG read with Section 3/4 Dowry Prohibition Act registered at
PS Shahdara, Delhi.
The complainant/Respondent No. 2 Ms. Punita Ghaudhary is present inperson and is identified by hej" counsel and the Investigating Officer. She states that the Petitioners and Respondent No.2/Gomplainant have entered into a Compromise. In terms of the settlement, marriage between the
Petitioner No. 1 and Respondent No. 2/complainant has been dissolved by
CRL.M.C 2033/2011
2011:DHC:10803 a decree of divorce by mutual copgvWit orj 24^'^ April, 2011. As part of ftill and fmal settlement of all the claijiis of tlie Respondent No. 2, the Petitioner
No. 1 has paid Rs. 9 lal<hs out of which Rs. 50,000/- have already been paid to her and Rs. 8,50,000/- are lying deposited in the form of FDR before the learned Trial Court. She further states Ihat in view of the settlement between the parties, she does not want to,piu*3u«?. 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 v,^iil 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. 441/2006! UEider. Sections 498A/406/34 IPC read with Section 3/4 Dowry Prohibition Act registered at .PS Shahdara, Delhi and proceedings pursuant thereto are hereby quashed.
The Respondent/complainant Vv^ill be entitled to receive the amount of
Rs. 8,50,000/- along with the interest that may have accrued thereon lying before the learned Trial Court in the form qf FDR.
CRLM.C. 2033/2011 page 2 of3
Parties have signed this older sheet in acknowledgment of their statements made before this Court.
The petition is disposed of Order dasti.
MUKTA GUPTA,J AUGUST 01,2011 'ga' ,jJ /«*' c
2011:DHC:10803 a decree of divorce by mutual copgvWit orj 24^'^ April, 2011. As part of ftill and fmal settlement of all the claijiis of tlie Respondent No. 2, the Petitioner
No. 1 has paid Rs. 9 lal<hs out of which Rs. 50,000/- have already been paid to her and Rs. 8,50,000/- are lying deposited in the form of FDR before the learned Trial Court. She further states Ihat in view of the settlement between the parties, she does not want to,piu*3u«?. 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 v,^iil 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. 441/2006! UEider. Sections 498A/406/34 IPC read with Section 3/4 Dowry Prohibition Act registered at .PS Shahdara, Delhi and proceedings pursuant thereto are hereby quashed.
The Respondent/complainant Vv^ill be entitled to receive the amount of
Rs. 8,50,000/- along with the interest that may have accrued thereon lying before the learned Trial Court in the form qf FDR.
CRLM.C. 2033/2011 page 2 of3
Parties have signed this older sheet in acknowledgment of their statements made before this Court.
The petition is disposed of Order dasti.
MUKTA GUPTA,J AUGUST 01,2011 'ga' ,jJ /«*' c
CRL.M.C. 2033/2011 page 3 of3
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JUDGMENT