Jagit & Others v. State and Ors.

Delhi High Court · 06 Jul 2011 · 2011:DHC:11483
Mukta Gupta
CRL.M.C. 1881/2011
2011:DHC:11483
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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2# $" HIGH COURT OF DELHI
CRL.M.C. 1881/2011
JAGIT & OTHERS Petitioners
Through: Mr. Harit Chhabra, Advocate with Petitioners in person.
VERSUS
STATE AND ORS. Respondents
Through: Mr. Manoj Ohri, APP for theState Mr. S.P. Kaushik, Advocate for
Respondent No. 2 along with RespondentNo. 2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
«/„ 06.07.2011
This is a petition for quashing of FIR No.178/2009 under Sections
498A/406/34 IPG registered at PS Grime (Women) Gell, New Delhi.
The complainant/Respondent No. 2Ms. Savita is present in person and is identified by her counsel. She states that the Petitioners and Respondent
No.2/Gomplainant have entered into aCompromise. In terms ofthe settlement, marriage between the Petitioner No. 1and Respondent No. 2/Complainant has been dissolved by adecree ofdivorce by mutual consent on 24"' January, 2011.
As full and final settlement of all the claims of the Respondent No. 2, the
Petitioner No. 1has to pay ?3 lakhs out ofwhich ?2.5 laldis has already been paid to her and ?50 thousand has been paid to her vide Demand Draft No.
CRL.M.C. 1881/2011 1 of 2
2011:DHC:11483 320414 dated 31^' May, 2011 drawn on Punjab National Bank, Sonipat for an amount of^49,500/- and remaining ^500/- has been paid in cash. 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 free will, volition and without any coercion and no useful purpose will be served in continuance of the 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.
Consequently, FIR No.178/2009 under Sections 498Ay406/34 IPG registered at PS Crime (Women) Cell, New Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in aclmowledgment of their statements made before this Court.
The cost of?3,000/- unposed on the Petitioners vide order dated 1'^ June, 2011 has been paid to the Complainant today in Court.
The petition is disposed of. Order dasti.
MUKTA GUPTA, J.
JULY06,2011/'vn' ^\\
CRLM.C. 1881/2011 ^ Page 2of2
2011:DHC:11483
JUDGMENT