Sarvesh Kumar & Ors v. Govt of Delhi

ORDER %

11.11.2011

¶1This is a petition for quashing of FIR no. 815/2002, u/S 498A/406/34 IPG registered by P.S. Dabri in respect of which trial is still pending before the learned Ml^, Dwarka Courts on the ground that the petitioner no.l/husband has settled all his matrimonial disputes with the petitioner no.5/wife.

¶2As a consequence of the said settlement, a decree of divorce has been obtained from the Competent Court on the basis of mutual consent on 10.8.2011. Copy of the said decree is placed on record.

¶3The present petition for quashing of FIR and the consequent proceedings has been supported by an affidavit of the petitioner no.l and the petitioner no.5, wherein the petitioner Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. a no.5 has stated that apart from the decree of divorce, granted on the basis of the mutual consent, she has received the entire amount of Rs.5,50,000/- towards the full and final settlement of her entire claim.

¶4It has been further stated that the petitioner no.5 has objection in case the aforesaid FIR and the proceedings arising therefrom are quashed. Petitioner no.l and petitioner no.5 are present in Court and are duly identified by the learned counsel for the petitioners.

¶5Since the petitioner no.l and the petitioner no.5 have settled their matrimonial disputes and have obtained divorce on the basis of the mutual consent, useful purpose would be served by keeping the aforesaid FIR and the consequent proceedings pending.

¶6Accordingly, FIR no. 815/2002, under Section 498A/406/34 IPG registered by P.S. Dabri and the consequent proceedings pending before the learned i^M are quashed.

¶7Parties to bear their own costs. NOVEMBER 11, 2011 RN V.K. SHALI,J

w * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3714/2011 SARVESH KUMAR & ORS Petitioners TInrough l^r.Kedar Yadav and l^r.Amod, Ad vs. versus GOVT OF DELHI Respondent Through Mr.Sunil Sharma, APP iVjr.S.I.Dinesh Kumar, P.S. Dabri CORAM: HON'BLE MR. JUSTICE V.K. SHALI