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Yatish Kumar & Ors vs State & Anr on 19 December, 2011

Delhi High Court Yatish Kumar & Ors vs State & Anr on 19 December, 2011Author: Suresh Kait

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ Crl. M.C. 2485/2011

% Judgment delivered on: 19th December, 2011

YATISH KUMAR & ORS ….. Petitioner Through : Mr. Sunil Kumar, Adv.

versus

STATE & ANR ….. Respondent Through : Mr.Navin Sharma, APP.

Mr. Parveen Kumar, Adv. for R2.

CORAM:

HON’BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Learned counsel for the petitioner submits that the FIR No.856/2005 was registered under Sections 498A/406/34 IPC with Police Station Rajouri Garden. He further submits that after framing the charge, the case is fixed for prosecution evidence.

2. Learned counsel for the petitioner submits that qua the aforesaid FIR, the respondent No.2-Smt. Lalita, daughter of late Shri Prem Chand R/o. House No.896 4 Storey houses Near Holy Child Public School, Tagore Garden Extension, Rajouri Garden has arrived at a settlement with the petitioner No.1-Mr. Yatish Kumar, her husband,

Crl.M.C.2485/2011 Page 1 of 3 who has agreed to give custody of the twin sons and also pay a sum of Rs. 5 lacs, out of which Rs. 2.5 lacs has already been paid to respondent No.2 at the time of first motion, which was granted on 8 th June, 2011.

3. The respondent No.2 does not deny this fact. She further submits that as per the settlement between the parties, they have agreed to get the FIR quashed and thereafter move for the second motion.

4. At this stage, learned counsel for the petitioner orally prayed and submits that since the parties are moving towards the settlement and half of the payment has already been made to the respondent No.2, that is Rs. 2.5 lacs and the balance having been agreed to be paid at the time of second motion, the proceedings before the Trial Court be stayed.

5. Learned counsel for the petitioner submits that vide decree of divorce dated 16.12.2011, the marriage between the petitioner No. 1 and respondent No. 2 has been dissolved by mutual consent.

6. The balance amount of Rs.1Lacs has been handed over by petitioner No. 1 to respondent No. 2 today in the court, by way Demand Draft No. 044680 dated 18.12.2011, drawn on SBI, Shakti Nagar, Delhi. The same has been accepted by respondent No.2 without any protest.

7. Respondent No. 2 is present in person. She has been duly identified by learned counsel for the petitioners, who was also present at the proceedings before the learned Sessions Court during Divorce Proceedings.

8. Learned counsel for respondent No.2, on instructions, submits

Crl.M.C.2485/2011 Page 2 of 3 that respondent No. 2 has received the entire settled amount and she is no more interested to pursue the matter. She has no objection if the FIR is quashed.

9. Keeping in view the statement of respondent No.2 and order dated 02.08.2011 into view, I quash the FIR No. 856/2005 registered at P.S. Rajouri Garden, Delhi and all the proceedings emanating therefrom.

10. Criminal M.C. 2485/2011 is allowed.

11. Dasti.

SURESH KAIT, J

DECEMBER 19, 2011

j

Crl.M.C.2485/2011 Page 3 of 3

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