Aatish Kumar & Ors. v. State Govt. of NCT of Delhi & Anr.

Delhi High Court · 20 May 2011 · 2011:DHC:10232
Mukta Gupta
CRL.M.C. 3902/2010
2011:DHC:10232
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 406, 498A, and 34 IPC following an amicable settlement and mutual consent divorce between the parties, holding that continuation of proceedings would serve no useful purpose.

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$-24 HIGH COURT OF DELHI
CRL.M.C. 3902/2010
AATISH KUMAR & ORS. Petitioners
Through: Mr. Vikram Siiigh with Mr. Vineet Gupta, Advs. along with petitioners in person.
VERSUS
STATE GOVT. OF NCT OF DELHI & ANR. Respondent
Through: Mr. Pawan Bahl, APP for the State.
Complainant/R-.2 in person.
S.I. Nirmal Sharma, P.S. Dwarka/ Najafgarh.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
20.05.2011 This is a petition for quashing of FIR No. 859/2006 under Sections
406/498A/34 IPG registered at PS Najafgarh, Delhi.
The complainant/Respondent No. 2 Ms. Kavita is present in person and is identifiedby the I.O. She statesthat she has no claim whatsoever left against the petitioners. 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 on 7^*^ December, 2007. She further states that in view ofthe settlement between the parties, she does not want to
Crl.M.C. 3902/2010 2011:DHC:10232 pursue the abovementioned FIR and the proceedings pursuant thereto.
In view of the fact that the parties have amicably resolved theirf ^ \ 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. 859/2006 under Sections 406/498A/34 IPC registered at PS Najafgarh, Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements before this Court.
The petition standsdisposed of. Orderdasti.
MAY 20, 2011 vkm 3"^ H ^^ Crl.M.C. 3902/2010 MUKTA GUPTA, J.
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JUDGMENT