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o/o HIGH COURT OF DELHI
CRLM.C. 2399/2011
MANISH CHADHA & ORS. Petitioners
Through: |v|r. Anuj Sharma, Adv.
CRLM.C. 2399/2011
MANISH CHADHA & ORS. Petitioners
Through: |v|r. Anuj Sharma, Adv.
VERSUS
STATE & ORS. Respondents
Through: l^r. Yudhishtar Kahol, APP i^r. Pani<aj l^aiik, Adv. R-2
Through: l^r. Yudhishtar Kahol, APP i^r. Pani<aj l^aiik, Adv. R-2
CORAM:
HON'BLE MR. JUSTICE V.K. SHALI
29.07.2011 This is a petition filed by the petitioners who are eight in number for quashing of the FIR No. 270/2009 under Section
498A/406/34 IPG registered by P.S. Tilak Nagar, New Delhi in respect of which the charge sheet is pending in the Court of Ms. Shivali Sharma, the learned Metropolitan Magistrate, Tis Hazari
Courts, Delhi. The petitioner no.l/husband has settled his all matrimonial disputes with his erstwhile wife/respondent no. 2.
It has been stated that in pursuance to the settlement, a decree of divorce has been obtained from the competent Court. A copy of decree of divorce has been placed on record. It has been stated that in terms of the settlement an amount of ?
2011:DHC:10829 5,75,000/- was to be paid to the respondent no. 2. An amount of ?4,00,000/- has been paid to respondent no. 2 and the balance amount of 75,000/- will be paid to the respondent NO. 2 by way of demand draft today itself in the Court. The petitioners have filed their affidavit supporting the averments made in the application and have been duly identified by their counsel. The respondent no. 2 is also present in Court and is duly identified by her counsel. The respondent no. 2 has also filed her affidavit supporting the averments made in the application. On oral enquiry, the respondent no. 2 has stated that since the matter has been settled, she has no objection in case the aforesaid FIR and the consequent proceedings which are pending before the learned Metropolitan l^agistrate are quashed.
29.07.2011 This is a petition filed by the petitioners who are eight in number for quashing of the FIR No. 270/2009 under Section
498A/406/34 IPG registered by P.S. Tilak Nagar, New Delhi in respect of which the charge sheet is pending in the Court of Ms. Shivali Sharma, the learned Metropolitan Magistrate, Tis Hazari
Courts, Delhi. The petitioner no.l/husband has settled his all matrimonial disputes with his erstwhile wife/respondent no. 2.
It has been stated that in pursuance to the settlement, a decree of divorce has been obtained from the competent Court. A copy of decree of divorce has been placed on record. It has been stated that in terms of the settlement an amount of ?
2011:DHC:10829 5,75,000/- was to be paid to the respondent no. 2. An amount of ?4,00,000/- has been paid to respondent no. 2 and the balance amount of 75,000/- will be paid to the respondent NO. 2 by way of demand draft today itself in the Court. The petitioners have filed their affidavit supporting the averments made in the application and have been duly identified by their counsel. The respondent no. 2 is also present in Court and is duly identified by her counsel. The respondent no. 2 has also filed her affidavit supporting the averments made in the application. On oral enquiry, the respondent no. 2 has stated that since the matter has been settled, she has no objection in case the aforesaid FIR and the consequent proceedings which are pending before the learned Metropolitan l^agistrate are quashed.
ORDER
2. Since, the parties have settled all their matrimonial disputes and a decree of divorce has been passed by the competent Court, no useful purpose would be served by keeping the aforesaid FIR and the consequent proceedings pending before the learned Metropolitan Magistrate.
3. Accordingly the FIR No. 270/2009 under Section 498A/406/34 IPC registered by P.S. Tilak Nagar, New Delhi and the consequent proceedings pending in the Court of Ms. Shivali y Sharma, the learned Metropolitan Magistrate, Tis Hazari Courts, Delhi are quashed.
4. Parties are directed to bear their own cost. JULY 29, 2011 KP Ji- V.K. SHALI,J