Sudhir Philips & Ors v. State & Ors

ORDER %

23.11.2011 Crl. MA 18264/2011 (exemption) Exemption allowed subject to alljust exceptions. CRL.M.C. 3860/2011 This is a petition under Section 482 Cr.P.C for quashing of FIR No.76/2010 under Section 498A IPG registered with Police Station Ashok Nagar, Delhi and all the consequentialproceedingsarising therefrom on the groundthat the parties inter se have compromisedthe matter. The petitionerno.l Mr. SudhirPhilips and respondentno. Ms. Manish Philips (complainant) are present in person and are identified by their respective counsel. The petitioner no.l and respondent no.2 have married but on accountof matrimonialdiscordbetweenthem, the presentFIRwas lodged| by the complainant. Out of the wedlock two boy children viz. Samikish aged 7 year and master Ahaan aged 3 years were born who are living with her mother and she is taking care of them. The parties have obtained divorce by mutual consent. As per the settlement, the petitioners have to pay Rs.5 lac to the respondent no.2, out of which Rs.3.50 lac has already been paid and the balance of Rs.1.50 is paid today in the court by way of bank draft to the 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. respondent no.2. Respondent no.2 states that since she has compromised the matter with the petitioners, she does not intend to prosecute the abovementioned FIR any further. Having regard to facts and circumstances of the case and also the fact that the parties inter se have settled the matter, no useful purpose would be served by keeping the abovesaid FIR alive. Consequently, the petition is allowed and the FIR No.76/2010 under Section 498A EPC registered with Police Station Ashok Nagar, Delhi and all the consequential proceedings arising therefrom are hereby quashed. It is made clear that this is without rights of the two children viz. Samikish aged 7 year and master Ahaan aged 3 years, which may be available to them as per law. The petition stands disposed of accordingly. Dasti. M.L. MEHTAJ !:hta,j NOVEMBER 23, 2011 rd

# $-54 * IN THE fflGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3860/2011 SUDHIR PHILIPS 8c ORS Petitioner Through: Ms. Jasmine Datwani, Advocate versus STATE & ORS Respondent Thi'ough: Ms. Jasbir Kaur, APP for State Mr. J.K. Garg, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE M.L. MEHTA