Pankaj Arora & Anr v. State & Anr

Delhi High Court · 05 Dec 2011 · 2011:DHC:11185
Mukta Gupta
CRL.M.C. 1672/2011
2011:DHC:11185
criminal petition_allowed

AI Summary

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

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1 $~ HIGH COURT OF DELHI
CRL.M.C. 1672/2011
PANKAJ ARORA & ANR Petitioner
Through Mr. Kunal Malhotra, Advocate along with Petitioners in person.
VERSUS
STATE & ANR Respondent
Through Mr. Manoj Ohri, APP for the State with Assistant Sub-Inspector Virpal
Singh, PS Mahindra Park Mr. Rajesh Saini, Advocate for R-2 along with Respondent No. 2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
02.06.2011 This is a petition for quashing of FIR No. 109/2011 under Sections
498A/406/34 IPG registered at PS MahindraPark, New Delhi.
The complainant/Respondent No. 2 Ms. Sonia Arora is present in person and is identified by her counsel. She states that the Petitioners and
Respondent No.2/Complainant have entered into a Compromise. In terms of the settlement, marriage between the Petitioner No. 1 and Respondent NO. 2/complainant has been dissolved by a decree of divorce by mutual consent. As part of full and final settlement of all the claims of the
Respondent No. 2, the Petitioner No. 1 has paid^ 3,00,000/- out of which ?
2,50,000/- have already been paid to her and remaining balance of ?
2011:DHC:11185 50,000/- have been paid to her in Court today byway of a Bankm^Cheque bearing No. "043872" drawn onHDFC Banlc, Defence Colony Branch. 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 useflil pmpose 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. There is no legal impediment in quashing the FIR in question.
Consequently, FIR No. 109/2011 under Sections -498A/406/34 IPC registered atPSMahindra Park, 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 petition andthepending application are disposed of. Order dasti..
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^ MUKTA GUPTA,J JUNE02,201rdk' i4 Sn/w;;
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$-54 HIGH COURT OF DELHI
CRL.M.C. 1672/2011
PANKAJ ARORA & ANR
Through:
VERSUS
Petitioner Mr.Sudeep Singh, Advocate STATE & ANR Respondent
Through: Mr.Manoj Ohri, APP for State.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
05.12.2011 Crl.M.A. No.18900/2011 (for modification)
By this application, the petitioner seeks modification of the order dated 2.6.2011 wherein inadvertently instead of FIR No.109/2010, FIR
No. 109/2011 has been mentioned.
Keeping in view of the facts stated in the application, the order dated
2"'' June, 2011 is modified to the extent that in the first and the subsequent paragraph the FIR Number shall be read as 109/2010 instead of 109/201.
The said paragraphs oftheorder dated 2"'' June, 2011 shall be read as under:
CRL.M.C. 1672/2011 Page 1of 2
"This is a petition for quashing of FIR No. 109/2010 under Sections 498A/406/34 IPG registered at PS Mahindra Park, New Delhi." and
"Consequently, FIR No. 109/2010 under Sections
498A/406/34 IPG registered at PS Mahindra Park, New Delhi and proceedings pursuant thereto are hereby quashed."
The application stands disposed of. Order dasti.
MUKTA GUPTA,J DECEMBER 05, 2011 'sv'
GRL.M.G. 1672/2011 Page 2of 2 f
JUDGMENT