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HIGH COURT OF DELHI
CRL.M.C. 2089/2011 & Crl.M.A. 7568/2011
EKTA VIG & ORS Petitioners Tlirough Mr. R.K. Thakur, Adv. for petitioner
No. 1 with Petitioner No. 1 in person.
Ml-. Rakesh Muldiija, Adv. for petitioner No. 2,3&4 with petitioners in person.
CRL.M.C. 2089/2011 & Crl.M.A. 7568/2011
EKTA VIG & ORS Petitioners Tlirough Mr. R.K. Thakur, Adv. for petitioner
No. 1 with Petitioner No. 1 in person.
Ml-. Rakesh Muldiija, Adv. for petitioner No. 2,3&4 with petitioners in person.
VERSUS
STATE Respondent
Through Mr. PawanBahl, APP for State.
Through Mr. PawanBahl, APP for State.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER o/o 08.07.2011 Cr1.M.A. 7569/2011 Exemption allowed subject tojustexception.
ORDER o/o 08.07.2011 Cr1.M.A. 7569/2011 Exemption allowed subject tojustexception.
CRI..M.C. 2089/2011
This is a petition for quashing of FIR No. 597/2005 under Sections
498A/406/34 IPG registered at PS Shalimar Bagh, Delhi.
The complainant/Petitioner No. 1 Ms. Ekta Vig is present in person and states that the Petitioners No. 2, 3 & 4 and Petitioner No.l/Gomplainant have entered into a Gompromise. In terms ofthe settlement, the parties have
This is a petition for quashing of FIR No. 597/2005 under Sections
498A/406/34 IPG registered at PS Shalimar Bagh, Delhi.
The complainant/Petitioner No. 1 Ms. Ekta Vig is present in person and states that the Petitioners No. 2, 3 & 4 and Petitioner No.l/Gomplainant have entered into a Gompromise. In terms ofthe settlement, the parties have
CRL.M.C. 2089/2011
2011:DHC:11524 already applied for divorce by mutual consent. As part of full and final settlement of all the claims of the Petitioner No. 1, Rs. 85 laldis have to be given to her, out of which Rs. 35 lakhs to the complainant/Petitioner No.l and Rs. 25 lakhs each to the two daughters namely Shubham & Yashsawi by way of FDR. The photocopy of the memorandum of understanding is enclosed as Annexure-4 to the Petition. As per the terms of settlement 10% ofthe payment i.e. Rs. 8,50,000/- is to be made today at the time ofquashing ofthe present FIR which has been paid to her by cheque No. 163798 dated
01.06.2011 drawn on Union Bank of India. All the Petitioners state that they would abide by the terms ofthe settlement dated 14^'' May, 2011. The complainant further states that in view ofthe 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 purpose will be served in continuance ofthe 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.
2011:DHC:11524 already applied for divorce by mutual consent. As part of full and final settlement of all the claims of the Petitioner No. 1, Rs. 85 laldis have to be given to her, out of which Rs. 35 lakhs to the complainant/Petitioner No.l and Rs. 25 lakhs each to the two daughters namely Shubham & Yashsawi by way of FDR. The photocopy of the memorandum of understanding is enclosed as Annexure-4 to the Petition. As per the terms of settlement 10% ofthe payment i.e. Rs. 8,50,000/- is to be made today at the time ofquashing ofthe present FIR which has been paid to her by cheque No. 163798 dated
01.06.2011 drawn on Union Bank of India. All the Petitioners state that they would abide by the terms ofthe settlement dated 14^'' May, 2011. The complainant further states that in view ofthe 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 purpose will be served in continuance ofthe 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.
CRL.M.C. 2089/2011 ^
Consequently, FIR No. 597/2005 under Sections 498A/406/34 IP registered atPS Shalimar Bagh, Delhi and proceedings pursuant thereto are hereby quashed.
Petitioners who are present inperson and identified by their respective counsels have signed this order sheet in acioiowledgment oftheir statements made before this Court.
The petition and the pending apphcation are disposed of. Order dasti.
JULY 08, 2011 'ga' 4^ 06X ^ Ra.. ^"5 Taca '
Consequently, FIR No. 597/2005 under Sections 498A/406/34 IP registered atPS Shalimar Bagh, Delhi and proceedings pursuant thereto are hereby quashed.
Petitioners who are present inperson and identified by their respective counsels have signed this order sheet in acioiowledgment oftheir statements made before this Court.
The petition and the pending apphcation are disposed of. Order dasti.
JULY 08, 2011 'ga' 4^ 06X ^ Ra.. ^"5 Taca '
CRL.M.C. 2089/2011
MUKTA GUPTA,J VI Gi ^
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MUKTA GUPTA,J VI Gi ^
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JUDGMENT