Ashutosh Kumar v. State & Anr

Delhi High Court · 18 May 2011 · 2011:DHC:14657
Mukta Gupta
CRL.M.C. 1280/2011
2011:DHC:14657
criminal petition_allowed

AI Summary

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

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a 44# HIGH COURT OF DELHI
CRL.M.C. 1280/2011
ASHUTOSH KUMAR Petitioner
Through: Mr. D.P. Mann and Mr. A.R.
Gupta, Advocates for the Petitioner j along with the Petitioner in person
VERSUS
!
STATE & ANR Respondents
Through: Mr. Pawan Sharma, Standing Counsel for the State with Ms. Laxmi Chauhan, Advocate with SI Mahabir
Singh, PS R.K. Puram, New Delhi.
Mr. Syed Hasan Isfahan, Advocate for the Respondent No. 2 with
Respondent No. 2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
18.05.2011 This is a petition for quashing of FIR No. 464/2007 under Sections
498A/406 IPC registered at PS Trilokpuri, Delhi.
The Complainant/Respondent No. 2 Ms. Aparna Jayant is present in person and is identified by her counsel. She states that the Petitioner and
Respondent No.2/Complainant have entered into a Compromise. Interms of the settlement, marriage between the Petitioner and Respondent NO. 2/Complainant has been dissolved by a decree of divorce by mutual consent on 2"^* June, 2010. As full and final settlement of all the claims of tlie
Respondent No. 2, the Petitioner has handed over a Demand Draft of?1.5
CRL.M.C. 1280/2011
2011:DHC:14657 -4' L laldis bearing No. 060305 dated 2.1^^ April, 2011 drawn on Union Bank
India, Shram Shakti Bhawan, Delhi. She also states that on receipt of this payment, she has no claim of any kind whatsoever remaining against the
Respondent No. 2. 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 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.464/2007 under Sections 498A/406 IPG registered at PS Trilokpuri, Delhi and proceedings pursuant thereto are
^ hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements before this Court.
The petition is disposed of Order dasti.
CRL.M.C. 1280/2011
MUKTA GUPTA, J.
MAY 18, 2011/'vn' \ , 2011:DHC:14657
JUDGMENT