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High CourtsSingle Bench(2002) 05 DEL CK 0218

Sarika Saxena and Another vs State (Govt. of NCT of Delhi)

Delhi High Court · Decided on 3 May 2002 · Citation: (2003) 69 DRJ 699

HON’BLE JUDGES
Kripa Shankar Gupta, J
RESULT
Allowed
CASE NUMBER
Criminal M. No. 1814 of 2002 in Criminal M. (M) No. 397 of 2002

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Judgment

13 paragraphs · 380 words

K.S. Gupta, J.

Crl. M. No. 1814 of 2002 in Crl. M. (M) No. 397 of 2002

1.

Having heard the parties counsel, applicants who are also the accused in FIR No. 44/302, are allowed to be imp leaded as petitioners 3 to 8.

2.

Amended memo of parties stand filed Along with the application.

Crl. M. (M) No. 397 of 2002

3.

Sh. Sharma has handed over banker cheque for Rs. 50,000/- towards the balance agreed amount to petitioner No. 1 today in court.

4.

Sh. Malik states that charge-sheet has not been filed so far.

5.

Heard arguments. Order during the course of day. Crl. M. (M) No. 397 of 2002

6.

In this petition filed u/s 482, Cr.P.C, it is alleged that petitioner No. 1 was married to petitioner No. 2 on 11th October, 2000. Due to temperamental differences both of them started residing separately w.e.f. 26th January, 2001. Petitioner No. 1 lodged FIR No. 44/2002 u/s 406/498-A IPC with PS Malviya Nagar. It is further alleged that pursuant to settlement reached on 27th January, 2002, petitioner No. 2 agreed to pay a total sum of Rs. 1, 10,000/- to petitioner No. 1 towards full and final settlement of all her claims including permanent alimony and out of this amount, a sum of Rs. 60,000/- has been paid to petitioner No. 1 in divorce proceedings. It was prayed that said FIR may be quashed.

7.

Banker''s cheque for Rs. 50,000/- has today been handed over by the counsel of petitioners 2 to 8 to petitioner No. 1.

8.

Categories of cases wherein inherent powers u/s 482, Cr.P.C. could be exercised either to prevent the abuse of process of any Court or otherwise to secure the ends of justice, have been summarised in para 108 (at page 629) of the decision in State of Haryana and others Vs. Ch. Bhajan Lal and others,

9.

What is averred in the affidavit dated 15th March, 2002 of petitioner No. 1 clearly brings this case within the ambit of category 7 of para 108 of the said decision. FIR in question which is at the stage of investigation, thus deserves to be quashed.

10.

While allowing petition, aforesaid FIR No. 44/2002 under Sections 406/498-A IPC PS Malviya Nagar, is hereby quashed.