Petition for quashing FIR under Sections 498A/406/34 IPC allowed. Dispute settled amicably with mutual consent divorce; demand draft handed over. FIR and proceedings quashed in interest of justice.
FIR No.90/12 and proceedings thereunder quashed. Petitioners burdened with Rs. 20,000 costs to Prime Minister National Relief Fund.
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SACHIN SHARMA & ANR
..... Petitioners
Through : Mr.Mahesh Verma, Advocate. versus ..... Respondents Through : Mr.Amit Gupta, APP. Complainant present in person. SI Nitin Nawari, PS Hauz Qazi.
THE STATE & ANR
..... Respondents
CORAM: HON'BLE MR. JUSTICE S.P.GARG
O R D E R % 14.09.2016
(1) The matter is taken up today as 13th September, 2016 was declared holiday on account of ‘Id ul-Zuha’.
(3) Present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing of FIR No.90/12 under Sections 498A/406/34 IPC registered at Police Station Hauz Qazi. It is stated that the matter has been settled with the complainant/victim amicably before Mediation Centre, Tis Hazari Court. Divorce by mutual consent has been granted.
(4) Respondent No.2-complainant is present before the Court. The Investigating Officer present in the court has identified her. I have CRL.M.C. 426/2016 Page 1 of 2
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 demand draft bearing No.925984 dated 9.9.2016 for the sum of `1,00,000/- has been handed over to the complainant today in the court.
(5) The petition is supported by the affidavits of the parties. Settlement/compromise Deed dated 14.12.2013 signed by the parties has been placed on record.
(6) 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.90/12 under Sections 498-A/406/34 IPC registered at Police Station Hauz Qazi and all the proceedings emanating therefrom are quashed.
(7) 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.
(8) The petition is disposed of accordingly.
S.P.GARG, J.
SEPTEMBER 14, 2016/ sa
CRL.M.C. 426/2016
Page 2 of 2
1 issue framed by the court
Whether the FIR Sections 498A/406/34 IPC should be quashed after amicable settlement and divorce by mutual consent.
1 provisions across 1 enactments
Sachin Sharma & Anr
The State & Anr
S.P. Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
