Full Text
CRL.M.C. 1916/2011
ABHINAV ARYA 85 ORS Petitioners
Through Ms.Sarika J.Kochar, Adv.
Through Mr.Sandeep Gaur, Adv. for R-2 along with respondent no.2 in person.
Mr.M.N.Dudeja, APP for the State.
02.06.2011
ORDER
1. This is a petition for quashing of the FIR no.179/2009, u/S 498A/406/34 IPG registered by P.S. Grime, Women Gell, Nanak Pura, New Delhi.
2. The ground for quashing of the aforesaid FIR is that the petitioner no.l has settled all his matrimonial disputes with his wife Kanchan/respondent no.2. As per the settlement, a decree of divorce has been passed by the Gompetent Gourt on 28.3.2011.
3. In terms of the compromise dated 4.1.2010, the petitioner no.l has paid a sum of Rs. 10,50,000/- to the respondent no.2 towards full and final settlement of her entire claim which includes a sum of Rs.[5] lacs which has been paid in Gourt today by way of two bank drafts.
4. The respondent no.2 is present in Gourt and has been duly 2011:DHC:11227 identified by her counsel. She has sworn an affidavit with regard to the fact that the averments made in the petition are correct. Although, it has been pointed out by her that the two drafts which are given today, in one of the drafts, the surname of the respondent no.2 is incorrect. The petitioner no.l has undertaken to ensure that the draft on presentation would be honoured and in case there is any difficulty, the same will be got corrected on being approached within a week and thereafter, returned to her.
5. Keeping in view the fact that the parties have settled all the matrimonial disputes, no useful purpose will be served by keeping the present FIR and the consequent investigations pending.
6. Accordingly, the aforesaid FIR and the consequent investigations carried out by the local police are quashed. However, this shall be subject to the fact that the draft for a sum of Rs.[3] lacs will be encashed.
7. It is made clear that in case the draft is not encashed, the respondent no.2 shall be at liberty to revive the proceedings. V.K. SHALI,J JUNE 02, 2011 RN CL