Court quashed FIR No. 207/2010 under 498-A/406/34 IPC and DP Act in CRL.M.C. 1394/2016 after victim confirmed voluntary settlement, receipt of payment, and mutual divorce, holding no useful purpose to continue proceedings.
FIR No.207/2010 and all proceedings therefrom are quashed.
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.
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
AVNISH JAIN @ AVNISH KUMAR @ RINKU & ORS
..... Petitioners
Through : Mr.Ramvir Singh, Advocate along with petitioners present in person.
versus
THE STATE ( GOVT OF NCT OF DELHI) & ANR
..... Respondents Through : Mr.Kamal Kr.Ghei, APP. Mr.B.C.Tyagi, Advocate, for the Complainant along with R-2/complainant present in person. SI Inderveer Singh, PS Karawal Nagar.
CORAM: HON'BLE MR. JUSTICE S.P.GARG
O R D E R % 07.02.2017
(1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing of FIR No.207/2010 under Sections 498-A/406/34 IPC and Section 4 of DP Act registered at Police Station Karawal Nagar. It is stated that the matter has been settled with the complainant/victim amicably.
(2) Respondent No.2-complainant is present before the Court along with her counsel. The Investigating Officer present in the court has
CRL.M.C.1394/2016
Page 1 of 2
identified her. I have 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. Pursuant to the settlement a sum of ` 20,000/- (in cash) has been handed over to the complainant today in the court. Statement of the complainant recorded separately. Divorce by mutual consent has been granted.
(3) The petition is supported by the affidavits of the parties. Settlement/Compromise deed dated 18.10.2012 signed by the parties is on record. Divorce by mutual consent has been granted.
(4) 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.207/2010 under Sections 498-A/406/34 IPC and Section 4 of DP Act registered at Police Station Karawal Nagar and all the proceedings emanating therefrom are quashed.
(5) The petition is disposed of accordingly.
S.P.GARG, J.
FEBRUARY 07, 2017 /sa
CRL.M.C.1394/2016
Page 2 of 2
Crl.M.C.1394/2016
Statement of Respondent No.2-Neha Kaur @ Neha Kaur Sidhu, d/o Charan Jit Singh, on S.A.
I have settled the disputes with the petitioners amicably. Pursuant to the settlement, I have received remaining amount of ` 20,000/- (in cash) today in the court. I have no objection to the quashing of the FIR No.207/2010 under Sections 498-A/406/34 IPC read with Section 4 DP Act registered at Police Station Karawal Nagar and all the proceedings emanating therefrom.
R.O. & A.C. 07.02.2017
S.P.GARG (JUDGE)
3 issues framed by the court
Whether FIR under sections 498-A, 406, 34 IPC and Section 4 DP Act should be quashed upon settlement and mutual divorce.
Whether the proceedings can be disposed of in the interest of justice after the parties reached an out-of-court settlement.
Whether the complaint of vitamin_DE_6_ Sharma Kaur has been settled voluntarily without fear or pressure.
3 provisions across 3 enactments
AVNISH JAIN
THE STATE
NEHA KAUR
S.P. GARG
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
