The High Court of Delhi quashed an FIR under Sections 406, 498-A, and 34 IPC registered under Section 482 Cr.P.C. as the matter was amicably settled after divorce by mutual consent, with the remaining compensation paid in court.
FIR No.337/2007 and all proceedings therefrom are quashed.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ KUKREJA & ORS
..... Petitioners
Through : Ms.Gurmeet Kaur Kapur, Advocate with petitioner in person.
versus
THE STATE & ANR
..... Respondents Through : Ms.Manjeet Arya, APP. Ms.Manjeet Kaur, Advocate, for the Complainant along with complainant present in person. SI Satish Bhati, PS Kalkaji.
CORAM: HON'BLE MR. JUSTICE S.P.GARG
O R D E R % 21.09.2016
(1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing of FIR No.337/2007 under Sections 406/498-A/34 IPC registered at Police Station Kalkaji. It is stated that the matter has been settled with the complainant/victim amicably before Family Courts, Saket. Divorce by mutual consent has been granted.
(2) Respondent No.2-complainant is present before the Court along with her counsel. The Investigating Officer present in the court has CRL.M.C. 1403/2016 Page 1 of 2
identified her. I have enquired from the complainant whether the matter has been settled with the petitioners amicably without fear and pressure. She has informed that the matter has been settled without any fear or pressure and she has no objection to the quashing of the FIR. It is informed that pursuant to the settlement remaining amount of `1,00,000/- (in cash) has been paid over to the complainant today in the court.
(3) The petition is supported by the affidavits of the parties. Statement on settlement dated 07.05.2015 is on record.
(4) Since the complainant/Respondent No.2 has voluntarily settled the dispute with the petitioners, no useful purpose will be served to continue with the proceedings. In the interest of justice and to put an end to the litigation and to enable the parties to settle in life after divorce, FIR No.337/2007 under Sections 406/498-A/34 IPC registered at Police Station Kalkaji and all the proceedings emanating therefrom are quashed.
(5) The petitioners are, however, burdened with costs of `20,000/to be deposited with Prime Minister National Relief Fund within two weeks. The Registry shall ensure the compliance of the order.
(6) The petition is disposed of accordingly.
S.P.GARG, J.
SEPTEMBER 21, 2016/ sa
CRL.M.C. 1403/2016
Page 2 of 2
1 issue framed by the court
Whether FIR No.337/2007 under Sections 406/498-A/34 IPC should be quashed upon amicable settlement between petitioners and complainant.
4 provisions across 2 enactments
Manoj Kukreja & Ors
The State
Anonymous Anr
S.P. Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
