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Delhi High Court · 18 Nov 2010 · 2010:DHC:8779
Ajit Bharthoke
Crl.M.C. No. 3566/2010
2010:DHC:8779
criminal petition_allowed

AI Summary

The High Court quashed an FIR under Sections 498A, 406, and 34 IPC arising from a matrimonial dispute following an amicable settlement between the parties.

Full Text
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I
#34
18.11,2010
Present: Mr.Abhishek Kaushik, Advocate for the petitioners.
Ms. Fizani Husain, APP for the State with ASI Sumit Singh, lO.
Mr.Ajay Khatana, Advocate for respondent No.2 with
: respondent no.2 in person.
Crl.M.C. Ng.3566/2OLO
This is a petition seeking quashing of FIR No.146/2009 under
Sections 498A1406/34 IPC P.S. Nihal Vihar on the ground that the FIR was the result of a matrimonial dispute and now the petitioners and respondent No.2 have amicably settled the matter and now there is no dispute left between them.
Petitioners are present in court. They are identified by their counsel
Mr.Abhishek Kaushik, Advocate. Respondent No.2 is also present, who is identified by her counsel Mr. Ajay Khatana, Advocate as well as by the
Investigating Officer ASI Sumit Singh.
Petitioners as well as respondent No.2 confirm that they have settled the matter and now there is no dispute left between the parties.
The Settlement Deed is also placed on record at page 46 of the petition, which contains the terms of the settlement and bears the signatures of the parties. Respondent No.2 submits that she has arrived at the settlement with the petitioners on her own accord without any undue pressure or inducement. She states that she has received the balance amount of Rs.1,00,000/- by way of a bank draft No.104751 dated
09.11.2010 in Court today, in full and final settlement of all her claimstand
2010:DHC:8779 a-
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F now she does not want any action against the petitioners on the basis of the FIR and requests for quashing of the FIR as wetl the proceedings emanating therefrom.
Learned APP submits that since the parties have arrived at an amicable settlement, the State has no objection if the FIR and the proceedings arising out of the same are quashed.
Since the parties have settled the matter, I feel that no useful purpose will be served by keeping the FIR as well as the proceedings arising out of the same alive. Accordingly, FIR No.146/2009 under
Sections 498A1406134IPC P.S. Nihal Vihar and the proceedings emanating from the same are quashed.
The petition stands disposed of.
(AJrr BHARTHOKE)
JUDGE
NOVEMBER I.8, 2Or.O ks
2010:DHC:8779
JUDGMENT