KAMAL KISHORE BAHL Vs. STATE OF DELHI

JUDGEMENT

(1.) This Petition has been filed under Section 482 of the Code of Criminal Procedure for quashing the FIR No. 192/93 under Sections 406/498-A/494/34, IPC registered at P.S. Mukherjee Nagar/ Delhi. The notices were given to the respondents and in pursuance thereto State/respondent No. 1 and respondent No. 2 Smt. Pooja Rani (complainant) are present. She is identified by Mr. S.S. Bakshi, Advocate. The learned Counsel appearing for the parties submit that the parties have obtained a decree of divorce by mutual consent. The parties have settled the matter. The complainant accepted Rs. 3,00,000.000 as full and final settlement of all her claims. In pursuance to the settlement, the petitioner has already paid Rs. 2,60,000.00 and today he has paid two Bank Drafts (No. 174792 dated 5.3.2000 of Rs. 10,000.00 and No. 148484 dated 28.2.2000 of Rs. 27,000.00) amounting to Rs. 37,000.00 and Rs. 3,000.00 in cash to the complainant. The complainant submits that the FIR filed by her be quashed.

(2.) I have heard learned Counsel for the parties. Since the parties have obtained a decree of divorce by mutual consent and have settled the entire matter, no useful purpose would be served in compelling the parties to face the criminal trial/ prosecution.

(3.) On consideration of totality of the facts and circumstances and in the interest of justice, I deem it appropriate to quash the FIR No. 192/93 under Sections 406/498- A/494/34, Indian Penal Code registered at P.S Mukherjee Nagar, Delhi and proceedings before the Court of Mr. S.K. Gupta, M.M., Delhi. This petition is accordingly disposed of.