Narender Kumar & Ors. v. State & Anr.

Delhi High Court · 27 Jul 2011 · 2011:DHC:10729
V. K. Shali
CRL.M.C. 2358/2011
2011:DHC:10729
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC following a genuine compromise and divorce between the parties, holding that continuing criminal proceedings would serve no useful purpose.

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HIGH COURT OF DELHI
CRL.M.C. 2358/2011
NARENDER KUMAR & ORS. Petitioners
Through Mr.Vijay Kinger, Adv.
VERSUS
STATE &ANR. .....Respondents
Through Mr. , Adv. for R-2 along with the complainant.
Mr.Naveen Sharma, APP.
CORAM:
HON'BLE MR. JUSTICE V,K. SHALI
27.07.2011
ORDER

1. This is a petition for quashing of FIR no.456/2004 u/S 498A/406/34 IPG registered by P.S. Mansarovar Park because a compromise was arrived at between the parties.

2. The ground for quashing of the FIR is that the petitioners have arrived at a compromise with the respondent no.2. As a consequence of the said settlement, the parties have obtained divorce from a competent Court on 17.09.2010. It is stated that the terms of compromise were settled on 24.02.2010 by virtue of which an amount of ?1,50,000/- was to be paid to the respondent no.2/complainant.

3. It has been further stated that out of the said amount the final installment of ?50,000/- has already been paid to the 2011:DHC:10729 I complainant at the time of dissolution of the marriage.

4. The learned counsel for the petitioners has also identified all the petitioners who are present in Court. The petitioners have also filed their affidavits in support of the averments made in the petition.

5. So far as the respondent no.2/complainant is concerned, she is present in Court and has been identified by her counsel. She has also filed her affidavit and stated that she has no objection in case the aforesaid FIR and the consequent proceedings initiated against the present petitioners are quashed.

6. In view of the settlement, the learned APP does not have any objection to the prayer made by the parties.

7. Having regard to the aforesaid facts of the case, I feel that no useful purpose will be served by keeping the aforesaid FIR and the consequent proceedings pending.

8. Accordingly, FIR no.456/2004 u/S 498A/406/34 IPC registered by P.S. I^ansarovar Park and the consequent trial pending in the Court of learned MM, Dwarka are quashed.

9. Parties to bear their own costs. JULY 27, 2011 RN V.K. SHALI,J