Shankar Lal v. Respondent No.2

Delhi High Court · 10 Dec 2010 · 2010:DHC:9173
Ajit Bhoke
2010:DHC:9173
criminal petition_allowed

AI Summary

The court quashed the FIR and criminal proceedings under Sections 498A, 406, and 34 IPC following an amicable settlement between spouses, emphasizing reconciliation over litigation.

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10.12.2010
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Present: Mr.Akil Rataeeya, Advocate for the petitioner along with the petitioner.
Mr.R.N. Vats, APP for the State/respondent No.1 along with 51
Sunil Kumar.
Respondent No.2 in person
+ Cri.M.A. No.18389/2010(exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
Cri.M.C. No.3832/2010
This is a petition seeking quashing of FIR No.131/2009 under
Sections 498A/406/34 IPC registered on the complaint of respondent No.2 at P.S. Anand Parbat, New Delhi. Reason for quashing is that the FIR is the result of marital discord between the parties which has now been amicable resolved and there is no dispute left between the parties and that the parties are now living happily since 04.06.2010.
Petitioner Shankar Lal is present. He is identified by his counsel Shri
Akil Rataeeya, Advocate. Respondent No.2 is also present and she is identified by 10 51 Sunil Kumar P.S. Anand Parbat.
Both the parties confirm that they have amicably settled the matter with the intervention of elders and there is no dispute left between them.
Respondent No.2 states that she has entered into a settlement with petitioner without any threat or pressure from any corner and she is
2010:DHC:9173
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/ happily living with him since 04.06.2010 and she does not want any action against the petitioner on her FIR and she has no objection if the FIR
No.l31/2009 P.S. Anand Parbat and the proceedings consequent thereto are quashed.
Shri R.N. Vats, APP appearing for the State submits that in view of the settlement arrived between the petitioner and respondent No.2 and in interest of their harmonious matrimonial relations, the State has no objection if the FIR and the proceedings emanating from the same are quashed.
Since the parties have amicably settled the matter and they are living happily, I feel that no useful purpose shall be served in keeping the
FIR and the proceedings arising out of the same. Therefore, the FIR
No.l31/2009 under Sections 498A/406/34 IPC P.S. Anand Parbat are hereby quashed.
Petition stands disposed of accordingly.
DECEMBER 10, 2010 pst
(AJIT ~HOKE)
JUDGE
2010:DHC:9173
JUDGMENT