Petitioners sought quashing of an FIR registered for matrimonial disputes. The parties had reached a settlement on 22.12.2015 involving Rs. 6 lakhs. The complainant confirmed voluntary entry into the settlement without coercion. The Court quashed the FIR and related proceedings.
FIR No.1288/2015 and proceedings emanating therefrom were quashed.
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SHAHNAWAZ @ MD. SHAN & ORS.
STATE & ANR.
..... Petitioner Through: Mr. Vaseem Mian, Advocate versus ..... Respondent Through: Ms. Nandita Rao, ASC with Ms. Srilina Roy and Ranidipa Ghosh, Adv. with ASI Berender Singh, PS Jamia Nagar
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI
O R D E R % 07.12.2016
The petitioners have filed the present petition seeking quashing of FIR No.1288/2015 registered on the complaint of the complainant under Sections 498A/ 406/ 34 IPC against the petitioners at Police Station Jamia Nagar.
The complainant is present in Court. She is identified by the Investigating Officer.
The parties have arrived at a settlement on 22.12.2015, which has been placed on record. The complainant states that she has received the settlement of amount of Rs.6 lacs. The complainant states that she has not
been subjected to any pressure or coercion and that she has entered the settlement out of her own free will. The complainant further states that she joins the prayer for quashing of the FIR in question.
Accordingly, no useful purpose would be served in proceeding further with the FIR in question and the proceedings emanating therefrom. The same are hereby quashed.
Dasti.
VIPIN SANGHI, J
DECEMBER 07, 2016
sr
2 issues framed by the court
Whether the FIR under Sections 498A, 406 and 34 IPC should be quashed in light of settlement amounting to Rs. 6 lacs entered into by parties.
Whether a valid settlement ensures free will and absence of pressure or coercion.
1 provisions across 1 enactments
SHAHNAWAZ @ MD. SHAN & ORS.
STATE & ANR.
VIPIN SANGHI
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
