The High Court of Delhi quashed the FIR and proceedings against the petitioners in a domestic violence matter, considering the settlement reached with the former wife who had alreadyInitiateda divorce by mutual consent.
FIR and consequent proceedings under Sections 406, 498A, and 34 IPC read with Section 3/4 D.P. Act were quashed.
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STATE OF NCT OF DELHI & ANR ..... Respondents Through: Dr. M.P. Singh, APP for State. Mr. Naveen Gaur and Mr. Kasuhlinder Singh, Advs. for R-2 with R-2 in person.
CORAM: HON'BLE MR. JUSTICE A.K. PATHAK O R D E R % 28.11.2017
Respondent no.2-Anita is present along with her counsel. Respondent
no.2 submits that she has settled the matter with the petitioner no.2 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 9th October, 2015 passed by the Family Court, West District, Tis Hazari Court, Delhi. She also admits having received entire settled amount of `1.50 lacs. She says 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.
In view of the settlement arrived at between the petitioner and respondent no.2, in the interest of justice, FIR No. 21/2012 under Sections
406/498A/34 IPC read with Section 3/4 D.P. Act registered at police station
Moti Nagar and the consequent proceedings emanating therefrom are quashed.
Petition is disposed of in the above terms.
Dasti.
A.K. PATHAK, J.
NOVEMBER 28, 2017 ga
1 issue framed by the court
Whether the FIR and consequent proceedings can be quashed in view of the settlement between the parties.
1 provisions across 1 enactments
Anil @ Sant Lal & Ors.
State of NCT of Delhi & Anr.
A.K. Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
