Petitioners sought quashing of an FIR under Sections 498A/406/34 IPC. The parties reached a settlement where the complainant received Rs. 5 Lakhs. The court held no useful purpose would be served in proceeding further and quashed the FIR.
The FIR No. 668/2015 and proceedings emanating therefrom are quashed.
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DR MANUJ GUPTA & ORS
..... Petitioners Through: Mr. Arvind Kumar, Advocate along with petitioners No.1 to 4 in person.
STATE & ANR
versus ..... Respondents Through: Ms. Richa Kapoor, ASC and Ms.Seema Patnaha, Advocate along with SI Suraj Pal, PS-Keshav Puram, for the State. Mr. Adarsh Tiwari, Advocate for and along with respondent No.2 in person.
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI
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O R D E R 13.02.2017
The petitioners have filed the present petition seeking quashing of FIR No.668/2015 registered on the complaint of the complainant under Sections 498A/ 406/ 34 IPC against the petitioners at Police Station – Keshav Puram.
The complainant is present in Court. She is identified by the Investigating Officer as well by her counsel, whose vakalatnama is stated to be on record.
The parties have arrived at a settlement on 18.05.2016, which has
been placed on record. Under the settlement, out of the total settlement amount of Rs.5 Lakhs, the complainant has already received an amount of Rs.4 Lakhs. An amount of Rs.1 Lakh has been tendered to her in Court today by way of pay order. The complainant states that she has not been subjected to any pressure or coercion and that she has entered the settlement out of her own free will. The complainant further states that she joins the prayer for quashing of the FIR in question.
Accordingly, no useful purpose would be served in proceeding further with the FIR in question and the proceedings emanating therefrom. The same are hereby quashed.
VIPIN SANGHI, J
FEBRUARY 13, 2017 B.S. Rohella
1 issue framed by the court
Whether the FIR under Sections 498A/406/34 IPC of IPC should be quashed given the settlement between the parties?
1 provisions across 1 enactments
DR MANUJ GUPTA & ORS
STATE & ANR
VIPIN SANGHI
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
