Manoj Sah v. State & Anr

ORDER

24.11.2011 CrI.M.A.No. 18357/2011

¶1This is an application seeking exemption from filing the certified copies of annexures.

¶2Allowed subject to all just exceptions. CRL.M.C. 3894/2011

¶1This is a petitionfor quashing of FIR No.755/2005,u/S 498A IPG registered by P.S. Badarpur in respect of which trial is pending in the Courtof Ms.PujaTalwar, MM, Saket Gourts.

¶2The ground for quashing of the aforesaid FIR is that the petitioner and the respondent no.2 have arrived at a settlement as a consequence of which a decree of divorce has 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. already been obtained. The settlement has been recorded into writing by the parties on 14.10.2011, original of which is placed at page 30 of the paper book. In terms of the said settlement, the petitioner has stated to have paid a sum of ^2 lacs towards maintenance and upbringing of one male child who was born from the wedlock and whose custody is with the respondent no.2/mother. It is further stated that the respondent no.2 will co-operate with the petitioner in getting the aforesaid FIR and the consequent proceedings quashed.

¶3The petitioner and the respondent no.2 who are present in Court have been identified by their respective counsel as well as the 10.

¶4The respondent no.2 has filed her affidavit supporting the averments made in the petition. It has also been brought to the notice of the Court that after obtaining divorce, she has \ , got re-married. %

¶5Having regard to other aforesaid facts, no useful purpose would be served by keeping the aforesaid FIR and the consequent proceedings pending.

¶6Accordingly, FIR No.755/2005, u/S 498A IPC registered by P.S. Badarpur and the consequent charge sheet which is pending beforethe Courtof learned MM is quashed.

¶7Parties to bear their own costs. NOVEMBER 24, 2011 RN V.K. SHALI, J

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRLM.C. 3894/2011 MANOJ SAH Petitioner Througii: Mr.P.K.Sharma, Adv. % versus STATE & ANR Respondents Tlnrough: IMr.l^ukesh Kausliil<,Adv. for the connplainant/R-2 witln respondent no.2 in person. SI Girraj Singh, P.S. Badarpur. CORAM: HON'BLE MR. JUSTICE V.K. SHALI