This order quashed an FIR under Sections 498-A/406/34 IPC registered against the petitioner upon verification of an amicable settlement between the parties and subsequent divorce by mutual consent.
FIR No.454/2015 under Sections 498-A/406/34 IPC and all proceedings therefrom are quashed.
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RAM KUMAR @ RAM RANA
..... Petitioner
Through : Mr.Charan Singh, Advocate, along with petitioner present in person.
versus
STATE & ANR.
..... Respondents
Through : Mr.G.M.Farooqui, APP. Mr.S.C.Sharma, counsel for R-2 along with complainant/R-2 present in person. SI Arun Ahalawat, PS Frash Bajar.
CORAM: HON'BLE MR. JUSTICE S.P. GARG
O R D E R % 19.04.2018
(1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing of FIR No.454/2015 under Sections 498-A/406/34 IPC registered at Police Station Frash Bajar. It is stated that the matter has been settled with the complainant/victim amicably before Principal Judge, Family Courts, Shahdara, Karkardooma, Delhi.
(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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identified her. I have enquired from the complainant whether the matter has been settled with the petitioner 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. Pursuant to the settlement a sum of `1,50,000/- (in cash) has been handed over to the complainant today in the court. Statement of the complainant recorded separately. Divorce by mutual consent has been granted.
(3) The petition is supported by the affidavits of the parties. Order dated 11.04.2016 of Principal Judge, Family Court, Shahdara, Karkardooma, recording settlement between the parties is on record. (4) Since the complainant/Respondent No.2 has voluntarily settled the dispute with the petitioner, 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.454/2015 under Sections 498-A/406/34 IPC registered at Police Station Frash Bajar and all the proceedings emanating therefrom are quashed.
(5) The petition is disposed of accordingly.
S.P.GARG, J.
APRIL 19, 2018/ sa
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Crl.M.C.2023/2018
Statement of Respondent No.2-Pooja, D/o Late Sh.Hans Raj Singh R/o 406-A, Near Jaat Dharamshala Teliwara, Shahdara, Delhi-110032 on S.A.
I have settled the disputes with the petitioners amicably before Principal Judge, Family Courts, Shahdara, Karkardooma, Delhi. Pursuant to the settlement, I have received remaining amount of `1,50,000/- (in cash) today in the court. I have no objection to the quashing of the FIR No.454/2015 under Sections 498-A/406/34 IPC registered at Police Station Frash Bajar and all the proceedings emanating therefrom.
R.O. & A.C. APRIL 19, 2018
S.P.GARG (JUDGE)
1 issue framed by the court
Whether an FIR under Sections 498-A/406/34 IPC can be quashed on account of mutual settlement and reconciliation between parties after divorce by mutual consent.
2 provisions across 2 enactments
Ram Kumar @ Ram Rana
State & Anr.
S.P. Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
