SATISH KUMAR v. STATE OF DELHI & Anr.
Case at a glance
- Bench
- V K SHALI
Outcome
Allowed
The application is allowed subject
Provisions considered
Key paragraphs
- Para 55. Accordingly, FIR no.80/2008 u/S 498A/406/34 FIR No.584/2008 u/S 31 of the Domestic Violence Act, 2005 both registered by P.S. Sangam Vihar and the consequent proceedings which are pending in the Court of Ms.Puja Talwar, learned MM, Saket are quashed.
Judgment
Through Mr.Naresh Kumar, Adv. versus STATE OF DELHI & ANR Respondents Through Mr.Amit Kumar, Adv. for R-2 Mr.M.N.Dudeja, APP for the State. CORAM: HON'BLE MR. JUSTICE V.K. SHALI % ORDER
05.05.2011 CrLM.A.No.5207/2011
1. The is an application seeking exemption from filing the certified copies.
Operative part
2. The application is allowed subject to all just exceptions. CrLM.C.No.1439/2011
This a petition quashing of FIR no.80/2008 u/S 498A/406/34 and FIR No.584/2008 u/S 31 of the Domestic Violence Act, 2005 both registered by P.S. Sangam Vihar.
The grounds for quashing the FIRs is that the settlement has been arrived at between the petitioner and the respondent no.2. It has been stated in the petition that the parties have already been divorced on 13.1.2011 by a competent Court on the basis of mutual consent and onetime payment of ?4,25,000/- has been Signature Not Verified Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. to the respondent no.2 herein towards and Imal settlement of her entire claim.
It has been further stated that the balance amount of ^1,75,000/- which was to be paid to the respondent no.2 at the time of quashing of the FIRs is given to the respondent no.2 today in Court by way of demand bearing no.891769 a sum of ^1,75,000/- drawn on Corporation Bank. The said amount has been accepted by the respondent no.2. The respondent no.2 through her counsel has filed an affidavit in Court stating that on account of dissolution of her marriage by a decree of divorce and her entire claim having been received, she has no objection in case the aforesaid two FIRs and the consequent proceedings which are presently pending in the Court of Ms.Puja Talwar, MM, Saket are quashed.
In view of the aforesaid facts and circumstances of the case, I am of the view that no useful purpose will be served by keeping the aforesaid two FIRs and the consequent proceedings pending before the learned MM.
Accordingly, FIR no.80/2008 u/S 498A/406/34 FIR No.584/2008 u/S 31 of the Domestic Violence Act, 2005 both registered by P.S. Sangam Vihar and the consequent proceedings which are pending in the Court of Ms.Puja Talwar, learned MM, Saket are quashed.
Parties to bear their own cost. MAY 05,2011 'RN' V.K. SHALI,J
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The application is allowed subject
Which statutory provisions did this judgment involve?
Protection of Women from Domestic Violence Act, 2005 — s. 31.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.