Minal Malhotra & Ors vs State & Anr
2012 Latest Caselaw 628 Del

$~43
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+              CRL.M.C. 330/2012

%              Judgment delivered on: 30th January, 2012

         MINAL MALHOTRA & ORS                ..... Petitioner
                     Through: Dr. N.K. Khetrapal and Mr. S.N.
                     Mathur, Advs.

                     versus

         STATE & ANR                                      ..... Respondent
                              Through: Ms. Rajdipa Behura, APP for
                              state/R1.
                              Mr. Tarun Rana, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

Crl. M.A. 1174/2012

Exemption is allowed subject to just exceptions. Criminal M.A. stands disposed of.

Crl. M.A. 1175/2012

Delay condoned.

+        Crl. M.C. 330/2012
1.       Notice issued.

2. Ld. APP for State accepts notice on behalf of State / respondent no. 1.

3. Mr. Tarun Rana, Adv. accepts notice on behalf of respondent

no. 2.

4. With the consent of the parties, the instant petition is taken for disposal.

5. Ld. Counsel for the parties have stated that vide FIR no. 887/2006, case under Section 498A/406/34 Indian Penal Code, 1860 was registered against the petitioners at Police Station-Prashant Vihar on the complaint of respondent no. 2.

6. It is further submitted that respondent no. 2 has settled all the issues qua the aforesaid FIR vide Compromise Deed dated 13.08.2010 and consequent thereto vide Decree of Divorce dated 04.04.2011, marriage between petitioner no. 1 and respondent no. 2 has been dissolved.

7. Ld. Counsel for the parties further submitted that respondent no. 2 is no more interested to pursue the case further. Therefore, the aforementioned FIR and emanating proceedings thereto may be quashed.

8. Mr.Tarun Rana, ld. Counsel for respondent no. 2 on instruction submitted that as per the Compromise Deed dated 13.08.2010, petitioner no. 1 agreed to pay Rs.6.5 Lacs out of which Rs. 5.5 Lacs has already been received.

9. Ld. Counsel for respondent no. 2 further submitted that balance amount of Rs. 1 Lac has been received in the Court today itself vide DD No. 971651 dated 19.03.2011 issued by State Bank of Patiala, Sector 2-D, Chandigarh Branch, which she has accepted without any protest.

10. Ld. Counsel for respondent no. 2 further submits that if the

aforementioned FIR and emanating proceedings thereto is quashed, she has no objection.

11. Keeping the Compromise Deed dated 13.08.2010, dissolution of marriage between petitioner no. 1 and respondent no. 2 vide Decree of Divorce dated 04.04.2011 and the statement of respondent no. 2, in the interest of justice, I quash FIR no. 887/2006, PS-Prashant Vihar with emanating proceedings thereto.

12. Crl. M.C. 330/2012 is allowed on the above terms.

13. Dasti.

SURESH KAIT, J

JANUARY 30, 2012 jg