Avtar Singh & Others v. State (NCT of Delhi) & Anr

Delhi High Court · 06 Jul 2011 · 2011:DHC:17975
Mukta Gupta
W.P.(CRL) 822/2011
2011:DHC:17975
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, holding that continuation of proceedings would serve no useful purpose.

Full Text
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* IN TIIE HIGT{ COTJRT OF DELHI AT NEW DELHI
+ w.P.(cRL) 822120rr
AVTAR SINGH & OTI{ERS ..... Petitioners
Through: iVIr. G.S. Aneja, Advocate along with
Petitioners in person.
VERSUS
STATE (i'{.C.T. OF DELHI) & ANR ..... Respondents
Through: VI-r. Kushagra Arora, Ms. Damini
Khaira and Mr. Flarsh Prabhakar, Advocate for I4r. Pawan Sharma, Standing Counsel for the State with
ASI Jai Chand, PS Ranjit Nagar, Delhi.
Respondent No. 2 in Person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
06.07.2011
This is a petition for quashing of FIR No. 14512010 under Sections
4g8N4O6l34IPC registered at PS Ranjit Nagar, New Delhi.
The ComplainantlRespondent No. 2 Ms. Gurmeet I(aur is present in person and is identified by the Investigating Officer. She states that the
Petitioners and Respondent No.2/Complainant havc entered into a
Comprornise. In tcrms of the setllement, marriage belrveen the Petitioner
No.l and Respondcnt No. 2lComplainant has been dissolved by a decree of divorce by rnutual consent on 3'd Muy, 2011. As full and final settlement of w.P.(cRL) 822/2011 Page I of 2
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2011:DHC:17975
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FVTAR g all tlrc clairns of the Respondent No. 2, the Petitioner No. I has to pay {2 lakhs out of which T1.75 lakhs have already been paid to her and T25 thousand have been paid to her today in Court. She fuither 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 putpose will be served in continuance of the proceedings, rather the same woulcl create further acrimony between them, it would be in the intcrest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.
Conseguently, FIR No. L45120L0 under Sections 498N406134 IPC registored at PS Ranjit Nagar, New Delhi and proceedings pursuant thereto are hereby quashed. pafties have signed this order sheet in acknowledgment of their statements tnade before this Court. eivl a. i'#}e petition is disposed of' Order dasti'
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2011:DHC:17975
JUDGMENT