The High Court of Delhi quashed an FIR under Sections 498A/406 IPC due to a settlement between the alleging spouse and the accused, accompanied by a decree of divorce by mutual consent. The court held the petitioner discharged of criminal liability.
FIR No. 170/2004 under Sections 498A/406 IPC and all consequent proceedings are quashed.
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STATE & ANR. ..... Respondents Through: Ms. Manjeet Arya, APP with ASI Tej Ram, P.S. Najafgarh. Respondent no.2 in person.
CORAM: HON'BLE MR. JUSTICE A.K. PATHAK O R D E R % 28.11.2017
Respondent no.2-Smt. Sunil is present in Court and has been
identified by ASI Tej Ram of police station Najafgarh. Respondent no.2 says that she has settled the matter with the petitioner before the Mediation Centre on 3rd October, 2015 vide Annexure-F of her own free will and without any undue force, pressure or coercion. She submits that her marriage with the petitioner has already been dissolved by a decree of divorce my mutual consent dated 10th January, 2017 passed by the Family Court, Dwarka, New Delhi. She has no objection in case FIR is quashed.
In view of the settlement arrived at between the petitioner and respondent no.2, in the interest of justice, FIR No. 170/2004 under Sections
498A/406 IPC registered at police station Najafgarh and the consequent
proceedings emanating therefrom are quashed.
Petition is disposed of in the above terms.
Dasti.
A.K. PATHAK, J.
NOVEMBER 28, 2017
ga
1 issue framed by the court
Whether the FIR under Sections 498A/406 IPC should be quashed in light of the settlement and divorce decree.
1 provisions across 1 enactments
DEEPAK KUMAR
STATE
Smt. Sunil
A.K. PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
