Vikram Nayar & Ors. v. State & Anr.

Delhi High Court · 13 Jul 2011 · 2011:DHC:15401
Mukta Gupta
CRL.M.C. 901/2011
2011:DHC:15401
criminal petition_allowed

AI Summary

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

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/" a 1# $- HIGH COURT OF DELHI CRL.M.C . IOTI2OII
VIKRAM NAYAR & ORS. ..... Petitioners
Through: iVIr. Amit Minocha, Advocate with Petitioner No. 1 in person.
VERSUS
STATE & ANR. ..... Respondents
Through: Mr. Manoj Ohri, APP for the State.
Ms. Mithlesh Singh, Advocate for Respondent No. 2 with Respondent
No. 2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
13.07.2011 llhis is a petition for quashing of FIR No. 27212009 under Sections
498A/406/34IPC registered at PS Dwarka, Delhi.
The Complainant/Respondent No. 2 Ms. Rashmi is present in person.
She states that the Petitioners and Itespondent No.2/Cornplainant have entered into a Compromise. In terrns of the settlement, marriage between the
Petitioner No. 1 and Respondent No. 2/Complainant has been dissolved by a decrec of divorce by mutual consent on 20th July, 2010. As full and final settlement of all the claims of the Respon'dent No. 2, the Petitioncr No. t has transferued the ownership of Flat No. 301, IIIrd Floor, Building Pinnacle, CRL.M.C. 901/2011 Page I oJ'2 l
2011:DHC:15401 r-?ad-z u I The Woods, Wing-C, Near Kalewadi Aund Chinchwad Road, Wakad, Pune, I
Maharashtra in the narne of Respondent No. 2. 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 fi'ee will, volition and without any coercion and no useful putpose will be seled in continuance of the proceedings, rather the same would create further acrimony between thern, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.
Consequently, FIR No. 27212009 under Sections 498A/406134 IPC registered at PS Dwarka, Delhi and proceedings pursuant thereto are hereby quashed. pafties, who are identified by their respective counsel, have signed this order sheet in acknowledgment of their statements made before this
Courl.
The petition is disposed of. Order dasti.
4"rq- MUKTA GUPTA, J.
JULY l3,20tr tvnt
CRL.M.C. 901/2011 Page 2 oJ 2
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2011:DHC:15401
JUDGMENT