Raj Kumar & Ors v. State & Anr

Delhi High Court · 01 Aug 2011 · 2011:DHC:18887
Mukta Gupta
W.P.(Crl) 1067/2011
2011:DHC:18887
criminal petition_allowed

AI Summary

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

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RAJ KUMAR & ORS ""' Petitioners
Through Mr. Nasimuddin, Advocate with
Petitioners in Person
VERSUS
STATE & ANR "" ResPondents
Through NIr. Saleem Ahmed, ASC for State with ASI Santosh Sharma Ps New
Usmanpur
Mr. Anil Kumar PandeY, Advocate for Respondent No.2 with Respondent
No.2 in person
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
01.08.2011
Crl.
M.A. No. 8905/20L1 (Exemption)
Allowed, subject to all just exceptions' crl. M.A. No:8906/2011 (Exemption from personal appearance)
This is 1n application moved by Petitioner No.2 seeking exemption from personal appearance on the ground of old age and being bed ridden'
For the reasons stated in the application the same is allowed. Petitioner No.2 is exempted from personal appearance. o/o
2011:DHC:18887
2--
Application stands disposed of. w.P.(cRL) 1067/2011
This is a petition for quashing of FIR No. 36112009 under Sections
498N406134 IPC and 314 Dowry Prohibition Act registered at PS New
Usmanpur, Delhi.
The complainant/Respondent No. 2 Ms. Sangeeta is present in person and is identified by her counsel. She states that the Petitioners and
Respondent No.2/Complainant have entered into a Compromise. In terms of the settlement, marriage between the Petitioner No. 1 and Respondent NO. 2lcomplainant has been dissolved by a decree of divorce by mutual consent on 19*h July, 20IL As part of full and final settlement of all the claims of the Respondent No. 2, the Petitioner No. t has paid T3.30 laktrs out of which t2.30 lakhs have already been paid to her and {1 lakh has been paid in cash in Court today. 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 pulpose will be served in continuance of the proceedings, rather the same would create fuither acrimony between them, it would be in the g q interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.
Consequently, quashing of FIR No. 36112009 under Sections
4g8N406134 IPC and 314 Dowry Prohibition Act registered at PS New
,'-
Usmanpur, Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petition and the pending applications are disposed of. Order dasti.
W'ft''e-
MUKTA GUPTA,J
AUGUST 01, 201L
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JUDGMENT