Shyam Lal & Ors v. State & Anr

ORDER

01.11.2011 This is a petition for quashing of FIR No.453/2006, u/s 498A/406 IPC registered by PS Ashok Vihar, in respect of which trial is pending before the competent Court. The ground for quashing of the FIR is that the petitioner No.1 and the complainant/respondent No.2 have settled all their matrimonial disputes in pursuance to which the petitioner No.1 has obtained divorce from the respondent no.2 on the basis of mutual consent on 07.04.2011.

¶3It has been further stated that an amount of Rs.2.25 lacs was paid to the respondent No.2 as full and final settlement towards her entire claim. Affidavit in this regard has been placed on record by the petitioner No.1, who is present in the Court and is duly identified by his counsel. So far as the - t ,, "I L Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. t other petitioners are concerned, they are exempted from personal appearance. Respondent No.2 is present and is duly identified by her counsel. She has also filed an affidavit in support of the averments made in the petition for quashing of the FIR. She has also stated that she has no objection to the quashing of the FIR and the consequent proceedings as they have already been divorced on 07.04.2011. She has also stated that an amount of Rs.2.25 lacs has been received by her.

¶4Having regard to the aforesaid facts, I feel that no useful purpose would be served by keeping the aforesaid FIR and consequent proceedings pending. Accordingly FIR No.453/2006, u/s 498A/406 IPC registered by PS Ashok Vihar and the consequent proceedings are quashed.

¶5The petition stands disposed of. r V.K. SHALl, J NOVEMBER 01, 2011 mr / ·'o•o'• · ., ,o" ·ccn:n ,_, c'•"·"- ,. · o·o•· c: w !'" '-'< :: t'"' I I I --'<

s $rv8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2575/2011 0/o 1. 2. SHYAM LAL & ORS Through: versus STATE & ANR ..... Petitioners Mr.Naresh Kumar, Advocate ..... Respondent Through: Mr.Navin Sharma, APP CORAM: HON'BLE MR. JUSTICE V.K. SHALl