Anil Kumar Barjatya and Others v. State (Govt. of NCT) and Another

Delhi High Court · 06 Jul 2011 · 2011:DHC:11416
V. K. Shali
CRL.M.C. 2037/2011
2011:DHC:11416
criminal petition_allowed

AI Summary

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

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HIGH COURT OF DELHI
CRL.M.C. 2037/2011
ANIL KUMAR BARJATYA AND OTHERS Petitioners
Through Mr.Sanjeev Kumar, Adv.
VERSUS
STATE (GOVT. OF NCT) AND ANOTHER Respondents
Through Mr.Bharat Bhushan, Adv.
CORAM:
HON'BLE MR. JUSTICE V.K. SHALI
06.07.2011
ORDER

1. This is a petition for quashing of an FIR no. 19/2010, u/S 498A/406/34 IPG registered by P.S. Lodhi Golony, New Delhi in respect of which investigation is still pending, on the ground that the petitioner no. 1/husband has settled his matrimonial dispute with the respondent no.2/wife.

2. As a consequence of the said settlement, a decree of divorce has been obtained from the Competent Gourt on the basis of mutual consent on 10.2.2011. Gopy of the said decree is placed on record.

3. The present petition for quashing of the FIR and the consequent proceedings has been supported by an affidavit of respondent no.2, wherein she has stated that apart from the decree of divorce, granted on the basis of mutual consent, she has received the entire amount in terms of the settlement.

4. It has been further stated that the respondent no. 2 has no 2011:DHC:11416 objection in case the investigation in pursuance to the aforesaid FIR is quashed. Parties are also present and duly identified by their respective counsel.

5. Since the parties have settled their matrimonial dispute, no useful purpose would be served by keeping the investigation in respect of the aforesaid FIR pending.

6. Accordingly, FIR no. 19/2010, u/S 498A/406/34 IPG registered by P.S. Lodhi Colony and the consequent investigations carried out by the local police are quashed.

7. Parties to bear their own costs. V.K. SHALI,J JULY 06,2011 RN • V