Shivani Bajaj & Ors v. State

ORDER

23.11.2011

¶1This is a joint petition filed by tine petitioners, who are four in number, for quashing of FIR no.18/98, u/S 406/498A IPC registered by P.S. Preet Vihar in respect of which trial is pending before the learned Magistrate at I<arkardooma Courts.

¶2The ground for quashing of the aforesaid FIR is that the petitioner no.1 has settled all her matrimonial disputes with the petitioner no.2, her erstwhile husband, as a consequence of which, the parties have obtained divorce from a competent Court on 4.4.2011. The petitioner no"l has also received a total sum of lacs including a sum of lacs today in Court by way of a bank draft. The petitioner nos.3 and 4 are the father in law and the brother in law of the petitioner no.1.

¶3The parties have reduced the terms and settlement in writing on 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.

23.10.2009 by virtue of which the terms and conditions were settled between the parties. One of the conditions which were agreed between the parties was that the custody of the minor girl shall remain with the mother and the petitioner no.2 and his parents will have no visitation rights.

¶4Be that as it may, as the parties have settled their matrimonial disputes and affidavits have been placed on record, I feel that no useful purpose would be served by keeping the aforesaid FIR and the consequent proceedings pending.

¶5Accordingly, FIR no. 18/98, u/S 406/498A IPC registered by P.S. Preet Vihar and the consequent proceedings which are pending before the learned Magistrate at Karkardooma Courts are quashed.

¶6Parties to bear their own costs. NOVEMBER 23, 2011/RN ii-V.K. SHALI,3 >

$"-'35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3815/2011 SHIVANI BAJAJ & ORS. . .... Petitioners STATE CORAM: Through Ms.Priyanka Gupta, Adv. versus ... " Respondent Through Ms.Ritu Gauba, APP HON'BLE MR. JUSTICE V.K. SHALl