High Court of Delhi quashed an FIR under Sections 498-A IPC upon an amicable settlement between husband and wife and a mutual decree of divorce, emphasizing the need for parties to lead independent lives.
FIR No.419/2013 and all proceedings arising therefrom are quashed.
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SONU KUMAVAT & ORS. ..... Petitioners Through: Ms.Neha P, Adv.
versus
THE STATE (NCT) OF DELHI & ANR. ..... Respondents Through: Mr.Izhar Ahmad, APP for State SI Surender Singh, PS-Bindapur Mr.Deepanker Mohan, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R % 24.03.2017
This is a petition under Section 482 Cr.P.C. for quashing of FIR No.419/2013, under Sections 498-A/406/34 IPC, registered at Police Station-Bindapur, Delhi and all the proceedings emanating therefrom.
Learned counsel for the petitioner submits that the petitioner No.1 Mr.Sonu Kumavat got married with respondent No.2, Smt.Shikha Kumavat @ Shikha Verma on 09.02.2011 according to Hindu rites and customs and out of the said wedlock one girl child was born who is in the custody of her mother i.e. respondent No.2, Smt.Shikha Kumavat @ Shikha Verma. He further submits that due to temperamental differences and misunderstanding arisen between them, the marital relations between them could not proceed further but consequently with the help of near relatives and close friends, they have amicably settled all their disputes and differences and their statement was recorded before learned MM, Tis Hazari Court on 14.05.2016
and their marriage has also been dissolved by mutual consent by a decree of divorce dated 08.02.2017 granted by the Principal Judge (South-West), Family Courts, Dwarka, New Delhi. He further submits that all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further and submits that the FIR in question is coming as hurdle in the way of the present petitioners. He further submits that the petitioners and the respondent No.2 want to lead their independent and peaceful life in near future and since all disputes have been settled between them, the FIR in question and all proceedings arising therefrom may be quashed.
The respondent No.2/complainant, Smt.Shikha Kumavat @ Shikha Verma is present in Court today and has been identified by the Investigating Officer, SI Surender Singh, PS-Bindapur, Delhi. The complainant also admits that the matter has been amicably settled with the petitioners and as per the terms of settlement, she has already received Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) from the petitioners and nothing remains due against the petitioners. She further submits that her daughter shall remain in her custody. She further submits that she has no claim or grievance left against the petitioners. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. She further submits that their marriage has already been dissolved by mutual consent by a decree of divorce and she has no objection if the FIR in question is quashed.
Keeping in view the facts and circumstances of the case and the fact that the matter has been amicably settled between the parties and also the marriage between the petitioner No. 1, Mr.Sonu Kumavat and respondent
No.2, Smt.Shikha Kumavat @ Shikha Verma has already been dissolved by mutual consent by a decree of divorce dated 08.02.2017 and also the custody of minor girl child is in the custody of natural guardian i.e. respondent No.2, it is in their interest to lead their independent and peaceful life in future, consequently, the FIR No.419/2013, under Sections 498-A/406/34 IPC, registered at Police Station-Bindapur, Delhi and all proceedings arising of the same are hereby quashed.
The present petition is allowed and disposed of accordingly.
Copy of this order be given dasti .
I.S.MEHTA, J
MARCH 24, 2017/ radhika
2 issues framed by the court
Whether the FIR under Sections 498-A IPC should be quashed in light of an amicable settlement and mutual divorce decree.
Whether the proceedings arising from the FIR may be quashed to allow the parties to lead independent lives.
1 provisions across 1 enactments
Sonu Kumavat & Ors.
The State (NCT) of Delhi & Anr.
Smt. Shikha Kumavat @ Shikha Verma
I.S. Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
