Quashed

Narinder & Anr. v. State & Anr.

Delhi HC1 Sept 2017CRL.M.C./1865/2017

Case brief

AI extract

What is this about?

In a quashing petition under CrPC 1973 challenging an FIR for matrimonial offences, the Court observed that the parties had voluntarily settled the dispute and compensation was paid. The Court found no useful purpose in continuing proceedings and exercised its discretion to quash the FIR.

What did the court decide?

FIR No.45/2013 under Sections 498A/406/34 IPC and all proceedings pursuant thereto were quashed.

Narinder & Anr. Vs State & Anr. — Matrimonial and Divorce | Delhi HC (2017)

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$~51

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1865/2017

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NARINDER & ANR. ..... Petitioner

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Through: Mr. Vinay Jaidka and Mr. Mahesh Kumar, Advocates with petitioner No. 1 in person.

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versus

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STATE & ANR. ..... Respondents Through: Ms. Anita Abraham, APP for the State with SI Priyanka, Mehrauli. Mr. J. N. Patel and Ms. Tripta Kanojia, Advocates with respondent No. 2 in person.

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CORAM:

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HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL O R D E R

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% 01.09.2017

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The instant petition has been filed by the petitioners seeking quashing of FIR No.45/2013 under Sections 498A/406/34 IPC registered at Police Station-CWC Nanakpura, Delhi, on the complaint of respondent No.2 and the proceedings pursuant thereto.

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Respondent No.2 is present in Court today. She states that she has settled the matter with the petitioners with her own free will and choice without any threat, pressure and coercion as per terms and conditions of the Settlement Agreement dated 26.08.2015 recorded before the Principal Judge, South Family Court, Saket Court Complex, New Delhi.

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She further submits that today she has received a Demand Draft No. Demand Draft No. 420572 dated 31.08.2017 for Rs.1,60,000/- in favour of

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Page 1 of 2

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CRL.M.C. 1865/2017

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‘Poonam’ drawn on Dena Bank, Chattarpur, New Delhi against her all claim and the said amount includes my other claim of Rs.80,000/- arising out of another FIR No. 327/2013 under Sections 376(A)/420 IPC registered at Police Station – Mehrauli. She submits that she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

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Petitioner No. 2 is stated to be not well and unable to attend the Court today. Counsel for the petitioner No. 2 submits that he has instruction to depose before this Court on her behalf.

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Statements of the parties have been recorded separately.

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In view of the fact that the parties have amicably resolved their differences voluntarily out of their own free will and without any coercion, pressure, and no useful purpose will be served in continuance of the proceedings. It would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. Consequently, FIR No.45/2013 under Sections 498A/406/34 IPC registered at Police Station-CWC Nanakpura, Delhi, and proceedings pursuant thereto are hereby quashed. The petition is disposed of.

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SANGITA DHINGRA SEHGAL, J

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SEPTEMBER 01, 2017 gr

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Page 2 of 2

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CRL.M.C. 1865/2017

Narinder & Anr. v. State & Anr.

Case brief

What is this about?

What did the court decide?

Narinder & Anr. v. State & Anr.

Case brief

What is this about?

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