Allowed

Vivin Lamba & Ors. v. State (Govt of NCT of Delhi) & Anr.

Delhi HC13 Feb 2017CRL.M.C./583/2017

Case brief

AI extract

What is this about?

High Court of Delhi allowed a petition under Section 482 Cr.P.C. for quashing an FIR under Sections 498A, 406, and 34 IPC. The court found that the dispute had been settled amicably before the mediation centre, divorce by mutual consent was granted, and a sum of money was paid to the complainant in court.

What did the court decide?

FIR No.1425/2015 registered under Sections 498A/406/34 IPC and all proceedings therefrom are quashed.

Vivin Lamba & Ors. Vs State (Govt of NCT of Delhi)… — Writ and Judicial Review | Delhi HC (2017)

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$~50

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 583/2017

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VIVIN LAMBA & ORS ..... Petitioners Through : Mr.Manish K.Pathak, Advocate along with petitioners in person. versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through : Mr.Arun K.Sharma, APP with SI Ajay Kumar, PS Hari Nagar. Ms.Kiran Singh, Advocate for the complainant along with complainant in person.

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CORAM: HON'BLE MR. JUSTICE S.P.GARG O R D E R

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% 13.02.2017

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CRL.M.A.No.2519/2017 (Exemption)

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Exemption allowed subject to all just exceptions.

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The application stands disposed of.

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CRL.M.C. 583/2017

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Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.1425/2015 registered under Sections 498A/406/34 IPC at PS Hari Nagar. It is stated that the matter has been settled amicably with the complainant / respondent No.2 before the Mediation Centre, Tis Hazari Courts, Delhi vide settlement agreement dated 09.11.2015.

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Complainant / respondent No.2 is present with counsel and has CRL.M.C. 583/2017 page 1 of 2

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been identified by the Investigating Officer. I have enquired from the complainant if she has settled the dispute with the petitioners amicably without any fear or pressure. She has informed that all the disputes between the parties have been resolved amicably with her free consent and she has no objection to the quashing of the FIR in question. Divorce by mutual consent has already been granted. Pursuant to the settlement, remaining amount of ` 2 lacs by way of manager’s cheque bearing No.029861 dated 17.01.2017 drawn on HDFC Bank has been given to the complainant in the Court today. Copy of which has been placed on record.

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The petition is supported by affidavits of the parties. Copy of settlement agreement dated 09.11.2015 has been placed on record. Since the dispute between the parties has been settled, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties to settle in life after divorce, FIR No.1425/2015 registered under Sections 498A/406/34 IPC at PS Hari Nagar and all the proceedings arising therefrom are quashed.

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The petition stands disposed of accordingly.

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S.P.GARG, J

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FEBRUARY 13, 2017 / tr

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page 2 of 2

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CRL.M.C. 583/2017

Vivin Lamba & Ors. v. State (Govt of NCT of Delhi) & Anr.

Case brief

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What did the court decide?

Vivin Lamba & Ors. v. State (Govt of NCT of Delhi) & Anr.

Case brief

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What did the court decide?

What the court decided

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