Pradeep Kumar & ORS v. State Of Delhi & ANR

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2715/2016 PRADEEP KUMAR & ORS ..... Petitioner Represented by:

Mr. Pradeep Kumar, Adv.

versus STATE OF DELHI & ANR ..... Respondent Represented by:

Mr. Kewal Singh Ahuja, APP with SI Vikash Yadav PS Palam Village.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 01.08.2016 Crl.M.A. 11634/2016 Exemption allowed subject to just exceptions. CRL.M.C. 2715/2016 By this petition the petitioners seek quashing of FIR No.485/2014 under Sections 498A/406/34 IPC registered at PS Palam Village, South West District and the proceedings emanating therefrom on the ground that the parties have settled the matter.

Notice. Learned APP for the State accepts notice. Notice is accepted by respondent No.2 who is present in Court and is identified by the investigating officer. Respondent No.2 states that she has to look after two minor daughters and that she was forcefully persuaded to enter into a settlement despite the fact that the amount agreed is `2,25,000/- CRL.M.C. 2715/2016

out of which she has only received `1.5 lakhs as yet, which is too meagre an amount to bring up the two daughters. She has no objection to the divorce by mutual consent having been granted between the parties and the petitioner having been married, however her problem is that she cannot bring up the two girls properly who are aged 5 1⁄2 and 1 1⁄2 years old respectively.

Considering the fact that the amount being awarded to the respondent No.2 is too meagre to bring up the two children, this Court is in agreement with the statement of respondent No.2. Since settlement is partial between the parties, I find no reason to quash the FIR. Petition is dismissed.

MUKTA GUPTA, J.

AUGUST 01, 2016 'ga'

CRL.M.C. 2715/2016