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Delhi High Court · 15 Nov 2010 · 2010:DHC:13434
W.P.(CrI.) 1704/2010
2010:DHC:13434
criminal petition_allowed

AI Summary

The court quashed an FIR under Sections 498A and 406 IPC arising from matrimonial discord after the parties amicably settled the dispute and the complainant withdrew objections.

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JUDGMENT

15. 11.2010 Present: Mr.S.C.Singhal, Advocate with Mr. Sanjay Choudhary, Adv. for the petitioner with petitioner in person. Mr.R.N.Vats, APP for the respondent/State with 10 SI Yogesh Kurnar, P.S. Sabzi Mandi. Mr.Suhail Khan, Advocate for the respondent No. 2 with respondent No. 2 in person. +Crl.M.A. 17328/2010 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of. W.P.(CrI.) 1704/2010 This is a petition seeking quashing of FIR No. 356/2008 under Sections 498A/406 IPC, P.S. Sabzi Mandi registered at the instance of the respondent No. 2. Petitioner is seeking quashing of FIR on the ground that the FIR is the result of matrimonial discord, which has now been amicably settled and now, there is no dispute left between the parties. Petitioner is present in person. He is identified by his counsel Sh. S.C.Singhal, Advocate. Respondent No. 2 is also present and she is identified by her counsel Sh. Suhail Khan, Advocate as well as 10 SI Yogesh Kumar, P.S. Sabzi Mandi. Both the parties as well as their counsels confirm that the parties have amicably settled the matter. Respondent No. 2, who is present in court submits that she has settled the matter with the petitioner and now, there is no dispute left between them. She further 2010:DHC:13434 states that even divorce has been granted and now, she does not want any action against the petitioner on her complaint/FIR and she has no objection if the instant FIR as well as the proceedings arising out of the same are quashed. Learned APP also submits that since the FIR is the result of matrimonial discord and parties have settled the matter, State has no objection to the quashing of the FIR. Since the parties have amicably settled the matter and the FIR is the result of matrimonial discord between the petitioner and respondent No 2, I am of the view that no useful purpose shall be served by keeping the FIR as well as the proceedings arising out the same alive. Accordingly, FIR No. 356/2008 under Sections 498A/406 IPC, P.S. Sabzi Mandi and the proceedings emanating from the same are hereby 4 quashed. Petition stands disposed of.

JUDGE NOVEMBER 15, 2010 a kb