Delhi HC quashed an FIR under Ss. 498-A/406/34 IPC after a joint family member admitted settlement, divorce by mutual consent, and receipt of the settled amount, ensuring no coercion existed.
FIR No.192/2013 under Sections 498-A/406/34 IPC and consequent proceedings quashed.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
ANKUR SACHDEVA & ORS ..... Petitioners Through Mr. Sanjay Gupta, Adv.
versus
STATE OF NCT OF DELHI & ORS ..... Respondents Through Ms. Meenakshi Dahiya, APP with SI Brijesh Kumar, P.S. Lodhi Colony for the State Mr. T.K. Mukherjee, Adv. with respondent no. 2 in person.
CORAM: HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R % 27.11.2017
Respondent no. 2 Ms. Lavisha Sachdeva is present in Court along
with her counsel and has been identified by SI Brijesh Kumar of Police Station Lodhi Colony. Respondent no. 2 admits having settled the matter with petitioner no. 1 of her own free will, voluntarily and without any undue force, pressure or coercion vide a Settlement Deed-cum-Memorandum of Understanding dated 19th January, 2017. Respondent no. 2 submits that her marriage with the petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 16th November, 2017 passed by the Family
Court, South East District, Saket Courts, New Delhi. Respondent no. 2 says that she has received entire settled amount. She submits that she is not willing to pursue the FIR any further against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 5 and the same may be quashed.
Keeping in mind the facts and circumstances as detailed above, more particularly, the fact that marriage of petitioner no. 1 and respondent no. 2 has already been dissolved by a decree of divorce by mutual consent, in the interest of justice, FIR No.192/2013 under Sections 498-A/406/34 IPC registered at Police Station Lodhi Colony and the consequent proceedings emanating therefrom are quashed.
Petition is disposed of in the above terms. Dasti.
A.K. PATHAK, J.
NOVEMBER 27, 2017 r.bararia
2 issues framed by the court
Whether the FIR under Sections 498-A/406/34 IPC should be quashed given the settlement and divorce by mutual consent.
Whether the marriage dissolution bars the proceedings against the petitioner.
1 provisions across 1 enactments
ANKUR SACHDEVA
STATE OF NCT OF DELHI
MS. LAVISHA SACHDEVA
PETITIONER NOS. 2 TO 5
A.K. PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
