This Court allowed a petition to quash FIR No. 97/2014 and subsequent proceedings under Sections 498A/406 IPC following a voluntary settlement between the parties and confirming they are living together.
FIR No. 97/2014 under Sections 498A/406 IPC registered at Police Station-Maurya Enclave, Delhi, and proceedings pursuant thereto are hereby quashed.
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versus
THE STATE & ANR. ..... Respondents Through: Mr. Mukesh Kumar, APP for the State with SI Amit Rana, PS-Maurya Enclave. Respondent No. 2 in person.
CORAM:
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
Crl. M. A. No. 13660/2017 (Exemption)
Exemption allowed, subject to just exception.
Application stands disposed of.
Crl. M. C. No. 3344/2017
The instant petition has been filed by the petitioners seeking quashing of FIR No.97/2014 under Sections 498A/406/34 IPC registered at Police Station-Maurya Enclave, Delhi, on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that a compromise/settlement has been arrived at between the parties in terms of the conditions recorded on 05.02.2016 before the Mediation Centre, Rohini Courts, Delhi.
Respondent No.2 is present in Court today and is identified by the Investigating Officer. She states that she has settled the matter with the petitioners with her own free will and choice without any threat, pressure CRL.M.C. 3344/2017 Page 1 of 2
and coercion. She further submits that she is living the petitioner No. 1 and she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.
Statements of the parties have been recorded separately.
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 the petitioner No. 1 and respondent No.2/complainant are living together, 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.97/2014 under Sections 498A/406/34 IPC registered at Police Station-Maurya Enclave, Delhi, and proceedings pursuant thereto are hereby quashed.
The petition is disposed of.
Copy of the order be given dasti under the signature of Court Master, as prayed.
SANGITA DHINGRA SEHGAL, J
SEPTEMBER 04, 2017 gr
Page 2 of 2
CRL.M.C. 3344/2017
2 issues framed by the court
Whether the petition for quashing the FIR under Sections 498A/406 IPC should be allowed in light of the settlement between parties.
Whether the voluntary settlement and continuous cohabitation of the spouses warrants the quashing of the criminal proceedings.
Sanjay Kumar & Ors.
The State
Respondent No. 2
Sangita Dhingra Sehgal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
