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Dheeraj Chopra and Others vs State and Another

Delhi High Court · Decided on 13 December 2011 · Citation: (2011) 12 DEL CK 0409

HON’BLE JUDGES
Suresh Kait, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 34, 406, 498A
RESULT
Allowed
CASE NUMBER
Criminal M.C. 3703 of 2011
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Judgment

9 paragraphs · 334 words

Suresh Kait, J.—Learned counsel for the petitioner submits that vide FIR No. 382 dated 19.07.2008, a case u/s 498A/406/34 Indian Penal Code, 1860 was registered against the petitioners on the complaint of respondent No. 2 at P.S. Shalimar Bagh, Delhi.

2.

It is submitted that the matter has been compromised between the parties vide Compromise Deed dated 20.11.2010. Subsequent, thereto, the marriage between petitioner No. 1 and respondent No. 2 has been dissolved vide decree of divorce dated 17.08.2011.

3.

Learned counsel further submits that the respondent No. 2 is no more interested in pursuing the case.

4.

Respondent No. 2 is personally present in the court today with her counsel, Ms. Mansi Gupta. She has been duly identified by her counsel. 5. It is submitted that out of the total settled amount of Rs.4Lacs, a Demand Draft No.211274 for an amount of Rs.1Lacs dated 12.12.2011 drawn on P.N.B., Ashok Vihar, Delhi is handed over to respondent No.2, which has been accepted by her without protest.

6.

Learned counsel for respondent No. 2 on instructions submits that the marriage between the respondent No. 2 and petitioner No. 1 has been dissolved vide decree of divorce dated 17.08.2011 and she has received the entire settled amount pursuant thereto, hence she is no more interested in pursuing the case further. She has no objection if the FIR is quashed.

7.

Learned counsel for respondent No. 2 fairly conceded that her Vakalatnama is not on record. She further submits that for the purpose of identification of respondent No. 2, she produces Identity-card and Driving License which stands in the name of respondent No. 2. The same is returned to her after perusal.

8.

Learned APP for State submits that the Charge-sheet has been filed in the trial court.

9.

Keeping in view the settlement dated 20.11.2010 and decree of divorce dated 17.08.2011 and submission of respondent No.2, I quash FIR No. 382/2008, P.S. Shalimar Bagh and all the proceeding emanating therefrom.

10.

Criminal M.C. 3703/2011 is allowed.