Petitioners approached the court to quash an FIR under Sections 498A, 406, and 34 IPC based on a settlement reached with the complainant at a mediation center. The High Court quashed the FIR in favor of the petitioners.
FIR No.353/2014 under Sections 498A/406/34 IPC registered at police station Neb Sarai is quashed and the petition is disposed of.
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$~28
versus
STATE & ANR. ..... Respondents Through : Ms. Megha Bahl, Adv. for Mr. Avi Singh, ASC for R-1 with SI Ranjit PS Neb Sarai. Mr. Mukesh K. Verma and Mr. Lalit Sharma, Advs. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK O R D E R % 14.03.2017
Crl. M.A.3811/2017 (Exemption)
Allowed, subject to all just exceptions.
Application is disposed of.
W.P.(CRL) 697/2017
It is submitted that petitioner no.1 and respondent no.2 have settled their disputes amicably before the mediation centre, therefore, FIR No.353/2014 under Sections 498A/406/34 IPC registered at police station Neb Sarai on the complaint of respondent no.2 may be quashed. Petitioner nos.2 to 5 are stated to be relatives of respondent no.2. Respondent no.2 is
present in Court along with her counsel and has been identified by SI Ranjit PS Neb Sarai. She submits that she has settled the matter with petitioner no.1 before the Mediation Centre, Saket Courts, New Delhi vide Annexure P3. She further submits that she has settled the matter of her own free will and without any undue force, coercion or pressure. She also submits that the entire settled amount has been received and she is not willing to pursue the FIR any further.
Keeping in mind the settlement arrived at between respondent no.2 and petitioner, inasmuch as, the entire settled amount has been received and respondent no.2 is not willing to pursue the FIR any further, in the interest of justice, FIR No.353/2014 under Sections 498A/406/34 IPC registered at police station Neb Sarai is quashed.
Petition is disposed of in the above terms.
A.K. PATHAK, J.
MARCH 14, 2017/ dk
2 issues framed by the court
Whether FIR No.353/2014 under Sections 498A/406/34 IPC should be quashed in view of the settlement reached between petitioner no.1 and respondent no.2 before the mediation centre.
Whether the requirement of free will and absence of coercion in the settlement supports the quashing of the criminal FIR.
1 provisions across 1 enactments
GIRISH DUTT & ORS.
STATE
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
