This order quashed the FIR under Sections 498A, 406, and 34 IPC based on the settlement and mutual consent divorce between the parties. The court directed the petitioner to deposit costs into the Prime Minister Relief Fund.
FIR No. 106/2013 and all proceedings emanating therefrom are quashed; petitioner to deposit Rs. 20,000/- with Prime Minister Relief Fund.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
versus STATE & ANR. ..... Respondents Through: Mr.Arun Kr. Sharma, APP for the State alongwith SI Manoj Kumar, P.S. Gulabi Bagh. Mr. Amit Sherawat, Adv. for R-2 with R-2 (Payal Monga) in person.
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. 106/2013 under Sections 498A/406/34 IPC registered at Police Station Gulabi Bagh. It is stated that the matter has been settled with the complainant/respondent No.2 amicably. Divorce by mutual consent has been granted.
(2) Respondent No.2-complainant is present before the Court along with her counsel. The Investigating Officer has identified her. I have enquired from the complainant whether the matter has been settled with the petitioner amicably without fear and pressure. She has CRL.M.C. 2581/2016 Page 1 of 2
informed that the matter has been settled without any fear or pressure and she has no objection to the quashing of the FIR. All payments have been made.
(3) The petition is supported by the affidavits of the parties.
(4) Since the complainant/Respondent No.2 has voluntarily settled the dispute with the petitioner, 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. 106/2013 under Sections 498A/406/34 IPC registered at Police Station Gulabi Bagh and all the proceedings emanating therefrom are quashed.
(5) The petitioner is, however, burdened with costs of `20,000/- to be deposited with Prime Minister 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/ssc
CRL.M.C. 2581/2016
Page 2 of 2
2 issues framed by the court
Whether the FIR should be quashed in view of the settlement and mutual consent divorce between the parties.
Whether the disputed proceedings may be continued in light of the settlement of the dispute.
2 provisions across 2 enactments
JAI MALIK & ORS.
STATE & ANR.
S.P. GARG
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
