650bc68b342ab171d7a439b995b2968e652c868884f17dca9e4d271e17d9e113

Delhi High Court · 14 Dec 2010 · 2010:DHC:9249
A.K. Pathak
Crl. M.C. 3864/2010
2010:DHC:9249
criminal petition_allowed

AI Summary

The court quashed the FIR under Sections 498-A, 406, and 34 IPC following the parties' amicable settlement and mutual consent divorce, holding that continuation of criminal proceedings was unnecessary.

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Present: Mr. Jai Gopal Gar, Adv. for the petitioners.
Mr. U.L. Watwani, APP for the State.
Respondent no. 2 in person.
+ Crl. M.C. 3864/2010
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Petitioner no. 1 and respondent no. 2 were married sometime in the year 1999 as per Hindu rites and ceremonies. On account of
•9^ ' temperamental differences they started living separately since 2001.
On the complaint of respondent no.2, FIR in question was registered against petitioner no. 1 and his relatives i.e. petitioner nos. 2 to 4.
Petitioner no. 1 and respondent no. 2 have settled their dispute before the Mediation Centre, Karkardooma Courts, Delhi. Terms of settlement have been recorded in the proceeding sheet dated 13^^ May, 2009 of Delhi Mediation Centre, Karkardooma (Annexure M page nos.
56-57). In terms of the settlement petitioner no. 1and respondent no.
• 2 had decided to partways. They have even obtained decree of divorce by way of mutual consent from the court of Additional District Judge, Delhi on 22nd pebruaiy, 2010. Balance settled amount of Rs.40,000/- has been handed over to respondent no.2 by petitioner no.l in the court today. In view of the settlement, respondent no.2, who is
2010:DHC:9249
/ y present in court, states that she has no objection if the FIR is quashed.
Since both the parties have decided to part ways and, in fact, have obtained decree of divorce by way of mutual consent, no fruitful purpose would be served in keeping the FIR pending. Accordingly, in larger interest, FIR 267/2001 under Sections 498-A/406/34 IPG registered at Trilokpuri and consequent proceedings emanating therefrom are quashed.
Petition is disposed of in the above terms.
Dasti.
A.K. PATHAK, J.
DECEMBER 14, 2010 ga .
2010:DHC:9249
JUDGMENT