Manoj & Ors. v. State & Anr.

Delhi High Court · 18 May 2011 · 2011:DHC:15448
V. K. Shali
M.A. No. 5854/2011
2011:DHC:15448
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC following a matrimonial settlement and complainant's consent, holding that continuation of proceedings would serve no useful purpose.

Full Text
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!} $-33 HIGH COURT OF DELHI MANOJ & ORS. ..... Petitioner
Through: Mr. C. M. Verma, Adv. VCTStlS STATE & ANR.
Through: Mr. Pradeep, Adv. ..... Respondent
CORAM:
HON'BLE MR. JUSTICE V.K. SHALI
18.05.2011 Crl.
M.A. No. 5854/2011
ORDER

5. This is an application seeking exemption from filing the certified copies.

6. Subject to the condition that the deficiency is rectified within 10 weeks from today, the application is allowed. Crl. M. C. No. 1590/2O11

1. This is a petition for quashing of an FIR No. 47 l2OO[9], under Section 498A1406134 IPC registered by P.S. Crime Against Women Cell, Nanak Pura, Delhi in respect of which the charge sheet has already been filed before the learned Magistrate, Dwarka Courts, Delhi. The ground for quashing of the FIR is that the parties have settled their matrimonial dispute and have obtained d.ecree of o/o ?. 2011:DHC:15448 )/ divorce from the competent Court. The petitioner has already paid, the entire amount to the complainant. The complainant has also not disputed the fact that she has received the entire amount in terms of the settlement. She has further stated that she has no. objection in case the FIR No. 47 /2OO[9], under Section 498A1406134 IPC registered by P.S. Crime Against Women Cell, Nanak Pura, Delhi and the consequent proceedings which are,r} pending before the learned Magistrate, Dwarka Courts, Delhi are quashed. ' 2. In view of the settlement having been arrived at between the parties and the affidavit of the complainant on record, I find that no useful purpose would be served in continuing the proceedings. Accordingly the FIR No. +712OO[9], under Section 498Al406l34IPC registered by P.S. Crime Against Women Cell, Nanak Pura, Delhi and the consequent proceedings are quashed. A A/..-l^ / v" / v.K. SHALI,J F MAY KP + 18,2O11