This order quashed an FIR under Sections 498A/406 IPC due to a settlement between the parties, dissolution of marriage, and receipt of the settled amount.
FIR No.696/2014 under Sections 498A/406 IPC is quashed.
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versus
STATE (NCT OF DELHI) & ANR ..... Respondents Through : Ms. Kamna Vohra, ASC for R-1 with ASI Jatan Swaroop PS Krishna Nagar. Mr. P. S. Pradhan, Adv. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK O R D E R % 02.02.2017
Petitioner no.1 and respondent no.2 have settled their disputes. Petitioner nos.2 to 7 are the relatives of petitioner no.1. Respondent no.2 is present in Court along with her counsel. She admits having settled the matter with petitioner no.1 vide Memorandum of Understanding dated 25th February, 2016. She submits that marriage has already been dissolved by the decree of divorce by mutual consent dated 23rd November, 2016. She admits that she has received the entire settled amount. She submits that she is not willing to pursue the present FIR any further.
Keeping in mind the facts that petitioner no.1 and respondent no.2
have settled their disputes amicably, inasmuch as, their marriage has already been dissolved and the entire settled amount has been received, in the interest of justice, FIR No.696/2014 under Sections 498A/406 IPC registered at police station Krishna Nagar is quashed.
Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.
A.K. PATHAK, J.
FEBRUARY 02, 2017/ dk
1 issue framed by the court
Whether the FIR under Sections 498A/406 IPC be quashed in light of settlement and dissolution of marriage?
1 provisions across 1 enactments
GAJENDER GUPTA
STATE (NCT OF DELHI)
RESPONDENT NO.2
A.K. PATHAK
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
