Citation : 2012 Latest Caselaw 187 Del
Judgement Date : 10 January, 2012
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. No. 4216/2011
% Judgment delivered on: 10th January, 2012
JAI SINGH @ PAPPU & ORS. ..... Petitioner
Through : Ch.Ved Pal Singh, Adv.
versus
STATE GOVT.OF NCT OF DELHI ..... Respondent
Through : Ms.Rajdipa Behura, APP for State.
WASI Suman, PS Vivek Vihar
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. The instant petition has been filed jointly by the complainant/ petitioner No.8 with the petitioner No.1 to 7/accused. Ld. Counsel for the petitioners submits, vide FIR No.100 dated 05.03.2004 under Section 498-A/406/34 IPC was registered at PS Vivek Vihar against the petitioners No.1 to 7 on the complaint of petitioner No.8. Ld. Counsel further submits the matter has been settled between the petitioner No.8/complainant and petitioners No.1 to 7 (accused persons) amicably and pursuant to that the marriage between petitioner No.1 and 8 has been dissolved by the decree of divorce dated 07.07.2007 .
2. The petitioner No.8 is Smt. Veena Verma D/o Tulsi Ram Verma is presently present in the court and submits that she has settled the matter. W/ASI Suman Lata has identified petitioner No.8 as Smt.Veena Verma complainant in the case. She submits that she has no objection, if the present FIR is quashed.
3. In the circumstances, the FIR No.100 dated 05.03.2004 registered at PS Vivek Vihar is hereby quashed.
4. Ld. Counsel for the petitioner has drawn the attention of this court to the statement recorded by the Ld. ADJ on 07.07.2007. At the time of second motion it is recorded that the parties have settled the matter for an amount of `50,000/- as full and final settlement. For the said amount two DDs bearing Nos.377965 and 377989 dated 03.07.2007 and 06.07.2007 both drawn on UCO Bank are lying in the judicial file of the Ld. Judge as mentioned above. The petitioners No.1 to 7 have no objection if the said amount is released, in favour of petitioner No.8.
5. Since the FIR and proceedings have been quashed, therefore the concerned court is directed to release the said amount in favour of the petitioner No.8/complainant.
6. Criminal M.C. No.4216/2011 is allowed.
7. Dasti.
SURESH KAIT, J
JANUARY 10, 2012/NS
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