J(' I * IN THE HIGH COURT OF DELHI AT NEVV DELHI + CRL.M.C. 4144/2011 ASHOK KUMAR & ORS ..... Petitioners Through: Mr.R.S.Goswami and Mr.Mukesh Sharma, Advocates. versus STATE & ANR ..... Respondents Through: Mr.Sunil Sharma, APP CORAM: SI Sandeep Singh, PS Subhash Place. Mr. H .S. Dhillon, Advocates for R-2. HON'BLE MR. JUSTICE V.K. SHALl ORDER Ofo 13.12.2011 1. This is a petition for quashing of FIR No.296/99, u/s 406/498A IPC, registered by PS Saraswati Vihar, in respect of which trial is per1ding in the court of learned M.M. Rohini Courts, Delhi. 2. The ground for quashing is that petitioner No.1 has been divorced from respondent No.2 by a competent Court on 23.11.2011, copy of the order of divorce has been placed at page No.53. 3. The petition is supported by the affidavit of petitioner No.1 as well petitioner Nos. 2 to 6, who are also present in the Court and identified by their counsel. Petitioner No.7 Sun ita is - Signing Date:21.08.2024 17:08:56 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. Signature Not Verified ')____ stated to have expired and photocopy of her death certificate is placed on record. 4. Learned counsel has contended that with a view to obtain settlement with the respondent/complainant an amount of lacs has already been paid to the complainant and the balance amount of lacs is being paid to the respondent/complainant today in the Court way of a bankers cheque bearing No.441880 drawn on State Bank of India. 5. Respondent No.2 is also present in Court and identified by her counsel. She has supported the averments made by the learned counsel for the petitioners. Her affidavit is also placed on record at page No.30, wherein it is stated that she has settled the matter with the petitioner No.1 for a total sum of lacs on account of permanent alimony, pendent lite expenses and maintenance (past, present and future) and stridhan etc. She has also admitted orally that she has been divorced from petitioner No.1, therefore, she has no objection to the quashing of the aforesaid FIR. 6. Learned APP also does not have any objection to the quashing of the FIR in view of the settlement. 7. Having regards to the facts that the petitioner No.1 has been divorced by a competent Court from respondent No.2 and --- ': ' :; ' ' ! ;; that the respondent No.2 has received the entire payment of lacs as settled between them, no useful purpose would be served by continuing the criminal proceedings against the petitioner. Accordingly, FIR No.296/99, u/s 406/498A IPC, registered by PS Saraswati Vihari and the consequent proceedings are quashed. 8. Petition stands disposed of. DECEMBER 13, 2011 mr V.K. SHALl, l I . .:_,_ ' -- '