Allowed

Ankit Arora & Ors. v. the State Govt of NCT of Delhi & Anr.

Delhi HC15 May 2018W.P.(CRL)/1078/2018

Case brief

AI extract

What is this about?

The High Court of Delhi allowed a writ petition seeking quashing of an FIR under Sections 498A, 406, and 34 IPC. The court held that since the parties had settled the matter and the marriage was dissolved by mutual consent, continuing proceedings served no useful purpose. Consequently, the FIR and related proceedings were quashed.

What did the court decide?

Quashed FIR No.54/2016 under Sections 498A/406/34 IPC and all proceedings pursuant thereto.

Ankit Arora & Ors. Vs the State Govt of NCT of Delhi… — Matrimonial and Divorce | Delhi HC (2018)

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$~35

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(CRL) 1078/2018 ANKIT ARORA & ORS .... Petitioners Represented by: Mr.Vishal Soni, Advocate

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versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Represented by: Mr.Piyush Singhal, Advocate for Mr.AShish Aggarwal, ASC for the State with SI Amit Dutt and SI Mahesh Kumar, PS Lajpat Nagar Mr.Shubham Agarwal, Advocate for R-2 with R-2 in person

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CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA

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O R D E R % 15.05.2018

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By the present petition, the petitioners seek quashing of FIR No.54/2016 under Sections 498A/406/34 IPC registered at PS Lajpat Nagar on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

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Learned proxy counsel for learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the eight petitioners impleaded by the amended memo of parties are the only accused and respondent No.2 is complainant/victim.

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page 1 of 3

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W.P.(CRL) 1078/2018

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Respondent No.2 who is present in Court and is identified by the learned counsel and Investigating Officer states that she has settled the matter with the petitioner before the Mediation Centre on 25^th May, 2017. In terms of the settlement marriage between the petitioner and respondent No.2/complainant has been dissolved by a decree of divorce by mutual consent. As full and final settlement of all the claims, that is, maintenance, streedhan and alimony etc. of the respondent No. 2, the petitioner has to pay a sum of ₹9.75 lakhs to respondent No.2 out of which she has already received a sum of ₹6.5 lakhs and the balance amount of ₹3.25 lakhs has been received by her today in Court vide Demand Draft No.003547 drawn on IDBI Bank. She further states that she has no claim whatsoever remaining against the petitioners. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. She undertakes to abide by the terms of settlement.

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Petitioners who are present in Court and is identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement.

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In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

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page 2 of 3

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W.P.(CRL) 1078/2018

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Consequently, FIR No.54/2016 under Sections 498-A/406/34 IPC registered at PS Lajpat Nagar and proceedings pursuant thereto are hereby quashed.

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Parties have signed this order sheet in acknowledgment of their statements made before this Court.

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Petition is disposed of. Order dasti.

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MUKTA GUPTA, J.

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MAY 15, 2018 mamta

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page 3 of 3

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W.P.(CRL) 1078/2018

Ankit Arora & Ors. v. the State Govt of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Ankit Arora & Ors. v. the State Govt of NCT of Delhi & Anr.

Case brief

What is this about?

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