In a criminal miscellaneous petition, the Delhi High Court quashed an FIR registered under Sections 498-A, 406, and 34 IPC. The dispute between parties was settled amicably post-divorce, with compensation paid, and the complainant consented to the quashing.
FIR No.452/2015 under Sections 498-A/406/34 IPC and all proceedings emanating therefrom are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
KUSH PARTI & ORS.
..... Petitioners
Through : Mr.Girish, Advocate along with petitioners present in person. versus STATE & ANR. ..... Respondents Through : Ms.Meenakshi Dahiya, APP. Ms.Rishi Manchanda, Advocate for R-2 along with complainant/R-2 present in person. SI VedPrakash, PS Maurya Enclave.
CORAM: HON'BLE MR. JUSTICE S.P.GARG
O R D E R % 09.02.2017
(1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing of FIR No.452/2015 under Sections 498-A/406/34 IPC registered at Police Station Maurya Enclave. It is stated that the matter has been settled with the complainant/victim amicably before Mediation Centre, Rohini District Courts.
(2) Respondent No.2-complainant is present before the Court along with her counsel. The Investigating Officer present in the court has
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CRL.M.C. 549/2017
identified her. I have enquired from the complainant whether the matter has been settled with the petitioners amicably without fear and pressure. She has informed that the matter has been settled without any fear or pressure and she has no objection to the quashing of the FIR. It is informed that pursuant to the settlement demand drafts bearing No.476348 dated 11.11.2016 for the sum of `10,00,000/drawn on Bank of Maharashtra has been handed over to the complainant today in the court. Divorce by mutual consent has been granted.
(3) The petition is supported by the affidavits of the parties. Settlement/Compromise deed dated 17.12.2015 signed by the parties before Mediation Centre, Rohini Distric Courts is on record.
(4) Since the complainant/Respondent No.2 has voluntarily settled the dispute with the petitioners, no useful purpose will be served to continue with the proceedings. In the interest of justice and to put an end to the litigation and to enable the parties to settle in life after divorce, FIR No.452/2015 under Sections 498-A/406/34 IPC registered at Police Station Maurya Enclave and all the proceedings emanating therefrom are quashed.
(5) The petition and all pending application(s) stand disposed of accordingly.
S.P.GARG, J.
FEBRUARY 09, 2017 /sa
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CRL.M.C. 549/2017
2 issues framed by the court
Whether the FIR under Sections 498-A/406/34 IPC should be quashed upon settlement and divorce by mutual consent.
Whether the proceedings should be discontinued in the interest of justice.
1 provisions across 1 enactments
KUSH PARTI & ORS.
STATE
S.P.GARG
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
