Dharmender Yadav v. State

Delhi High Court · 18 May 2011 · 2011:DHC:14695
Mukta Gupta
CRL.M.C. 1486/2011
2011:DHC:14695
criminal petition_allowed

AI Summary

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

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HIGH COURT OF DELHI
CRL.M.C. 1486/2011
DHARMENDER YADAV & ORS ..... Petitioners
VERSUS
STATE&ANR
CORAM:
Through Mr. H.S. Sharma, Ms. Anita Kapoor, Advs.
Through ..... Respondents Mr. Manoj Ohri, APP for State with
Mr. Raj Singh, SI, PS. CAW Cell.
Mr. Manoj Kr. Sharma, Adv. for R-2.
HON'BLE MS. JUSTICE MUKTA GUPTA
18.05.2011 This is a petition for quashing of FIR No. 247/2009 under Sections
498A/34 IPC registered at PS Sarai Rohilla, Delhi.
The complainant/Respondent No. 2 Ms. Kusum Lata is present in person and is identified by her counsel and the Investigating Officer. 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 on 25th January, 2011. As part offull
CRL.MC. 1486/2011 v
:-! 2011:DHC:14695 and fmal settlement of all the claims of the Respondent No. 2, the Petitioner
No. 1 has paid ~ 4 lakhs. 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 and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be appropriate to quash the abovementioned FIR and the proceedings pursuant thereto.
Consequently, FIR No. 247/2009 under Sections 498A/34 IPC registered at PS Sarai Rohilla, 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. lWr ~AGUPTA.J
?~ MAY 18, 2011 'ga'
CRL.MC. 1486/2011 page2of2
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JUDGMENT