The High Court of Delhi quashed FIR No. 758/2016 under Sections 406, 498A, and 34 IPC. The court found that the respondent settled with the petitioner via a compromise deed, the marriage was dissolved by mutual consent, and the agreed amount was paid. In the interest of justice, the FIR was quashed.
FIR No. 758/2016 quashed; Petition disposed of.
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STATE & ANR ..... Respondents Through: Ms. Meenakshi Dahiya, APP with SI Anju Tyagi, P.S. Hari Nagar. Mr. Ajay Fatyal, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK O R D E R % 28.11.2017
Respondent no.2-Smt. Divleen Kaur is present in Court along with her
counsel and has been identified by W/SI Anju Tyagi of police station Hari Nagar. Respondent no.2 submits that she has settled the matter with the petitioner no.1 vide Compromise Deed dated 18th January, 2017 of her own free will and without any undue force, pressure or coercion. She further submits that her marriage with the petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 20th November, 2017 passed by the Family Court, West District, Tis Hazari Court, Delhi. Petitioner no.1 has paid `4 lacs to the respondent no.2 towards balance settled amount by a demand draft, photocopy whereof has been placed on record. Respondent no.2 submits that with this payment entire settled amount stands paid
therefore, she is not willing to pursue the FIR any further against the petitioner no.1 and his relatives, that is, petitioner nos. 2 to 4.
In view of the settlement arrived at between the petitioner and respondent no.2, in the interest of justice, FIR No. 758/2016 under Sections 406/498A/34 IPC registered at police station Hari Nagar, which is at the investigation stage, are quashed.
Petition is disposed of in the above terms.
Dasti.
A.K. PATHAK, J.
NOVEMBER 28, 2017 ga
3 issues framed by the court
Whether the FIR should be quashed in view of the settlement and divorce decree.
Whether the petitioner has paid the settled amount.
Whether there is any undue force, pressure or coercion in the settlement.
AMANPREET SINGH & ORS
STATE & ANR
A.K. PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
