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Delhi High Court · 01 Jun 2011 · 2011:DHC:12330
A.K. Pathak
Crl. M.C. No. 1291/2011
2011:DHC:12330
criminal petition_allowed

AI Summary

The court quashed the FIR under Sections 498-A, 406, and 34 IPC following an amicable settlement and mutual consent divorce between the parties, with no objection from the complainant.

Full Text
Translation output
% 01.06.2011
Present: Petitioner No. 1 in person.
Mr. Arvind Gupta, APP for the State with SI Yogender
Singh, P.S. Model Town.
Respondent No. 2 in person.
+ Crl. M.C. No. 1291/2011
*
Petitioner No. 1 and respondent No. 2 were married according to Hindu rites and ceremonies on 10*:^ December, 2001. On account of matrimonial discord, they could hardly live together for about two and a half months. On the complaint of respondent NO. 2, FIR in question was registered. Petitioner Nos. 2 to 5 are relatives of petitioner No. 1. Divorce petition was also filed by respondent No. 2 on the ground of "cruelty", besides petition under
Section 125 Cr.P.C. for seeking maintenance. In the divorce proceedings petitioner No. 1 and respondent No. 2 had settled their disputes before the Family Court, Rohini on 17^^ August, 2010.
Terms of the settlement was recorded by the Judge, Family Court, on lO^h September, 2010, pursuant whereof respondent No. 2 withdrew her cases filed against petitioner No. 1 on 10^^ September,
JUDGMENT

2010. Petitioner No. 1 and respondent No. 2 have decided to part ways and they have even obtained a decree of divorce by mutual 2011:DHC:12330 consent on 20^^ May, 2011 from the Family Court. Respondent NO. 2, who is present in Court today and has been identified by the Investigating Officer, has no objection in case FIR in question is quashed. Keeping in mind that husband and wife have settled their disputes amicably and have decided to start their life afresh, no fruitful purpose would be served in keeping the present criminal proceedings pending. Accordingly, in the larger interest, FIR NO. 744/2003 under Sections 498-A/406/34 IPC registered at Police Station Model Town and consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms. Dasti. June 01, 2011 rb A.K. PATHAK, J.