Allowed

Yatum Kumar & Ors. v. the State Govt of NCT of Delhi & Anr.

Delhi HC16 Jan 2018CRL.M.C./206/2018

Case brief

AI extract

What is this about?

The High Court of Delhi quashed an FIR registered under Sections 498-A, 406, and 34 IPC following a settlement between the petitioner and the aggrieved wife, which resulted in their mutual consent divorce. The Court found merit in quashing proceedings in matrimonial discord cases where disputes are resolved on facts.

What did the court decide?

FIR No. 346/2011 and consequent proceedings under Sections 498-A, 406 and 34 IPC are quashed.

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

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$~62

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 206/2018

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YATUM KUMAR & ORS ..... Petitioners Through Mr. S.N. Parashar, Advocate.

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versus

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THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through Ms. Anita Abhraham, APP. Mr. Sunil Kumar with Mr.Sunder Singh, Advocates for respondent No.2. SI Pankaj Kumar, PS Pul Prahladpur.

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CORAM:

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HON'BLE MR. JUSTICE SANJEEV SACHDEVA O R D E R % 16.01.2018

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Crl.M.A. 824/2018 (exemption)

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Exemption is allowed subject to all just exceptions.

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CRL.M.C. 206/2018

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The petitioners, by the present petition, seek quashing of FIR No.346/2011 under Section 498-A/406/34 IPC, Police Station Pul Prahlad Pur.

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The subject FIR has been registered on the complaint of the respondent No.2. The subject FIR emanates out of a matrimonial discord.

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Learned counsel for the petitioners submits that the parties have

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CRL.M.C. 206/2018

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Page 1

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settled their disputes through the process of mediation, held at Mediation Centre, Saket Courts, New Delhi. The parties have already divorced by way of a decree of mutual consent, passed on 12.10.2017.

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The respondent No.2 was to be paid a total sum of Rs.9,40,000/- in full and final settlement of all her claims. A sum of Rs.6,40,000/has already been paid. The balance sum of Rs.3,00,000/- has been handed over to the respondent No.2 by way of two bankers cheques bearing No.041480 dated 15.01.2018 in the sum of Rs.2,00,000/- and No.041477 dated 12.01.2018 in the sum Rs.1,00,000, both drawn on HDFC Bank.

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The respondent No.2 is present in person and is represented by her counsel and is identified by the Investigating Officer. She submits that she has settled her disputes with the petitioners and does not wish to press charges against the petitioners and prosecute the complaint any further.

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In view of the fact that the proceedings emanate out of a matrimonial discord and the parties have fully and finally settled their disputes and the respondent No.2 has stated that she does not wish to press the complaint any further and the fact that the parties have already divorced by way of a decree of mutual consent, passed on 12.10.2017, and in the interest of justice, in my view, it would be expedient to quash the subject FIR and the consequent proceedings emanating there from.

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CRL.M.C. 206/2018

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Page 2

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In view of the above, FIR No.346/2011 under Section 498A/406/34 IPC, Police Station Pul Prahlad Pur and the consequent proceedings emanating there from are quashed.

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Order Dasti under the signatures of the Court Master.

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SANJEEV SACHDEVA, J

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JANUARY 16, 2018 st

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CRL.M.C. 206/2018

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Yatum Kumar & Ors. v. the State Govt of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Yatum Kumar & Ors. v. the State Govt of NCT of Delhi & Anr.

Case brief

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