The Court quashed an FIR registered for matrimonial offenses after the complainant revealed a settled divorce by mutual consent and full financial settlement.
FIR No.268/2016 under Sections 498A/406/34 IPC registered at PS Karawal Nagar and proceedings pursuant thereto quashed.
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versus
STATE(GOVT. OF NCT OF DELHI) ..... Respondent Represented by: Mr.Jamal Akhtar, Advocate for Mr.Rahul Mehra, Standing Counsel for the State with ASI Sukh Pal, PS Karawal Nagar
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R % 07.12.2018
September, 2017. In terms of the settlement marriage between petitioner No.1 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 No.1 has to pay a sum of ₹3 lakhs to respondent No.2 out of which she has already received a sum of ₹1.5 lakh and the balance amount of ₹1.5 lakh has been received by her today in Court vide Demand Draft No.287327 drawn on Oriental Bank of Commerce. She states that she has no claim whatsoever remaining against the petitioners. She further states that a minor child Master Lakshay Bakshi born on 5th October, 2010 from the wedlock of petitioner No.1 and respondent No.2 will remain in her care and custody and the petitioner No.1 will not have the custody. He however will have the visiting right as per the terms of settlement arrived at between the parties. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto and undertakes to abide by the terms of settlement.
question.
MUKTA GUPTA, J.
DECEMBER 07, 2018 mamta
page 3 of 3
W.P.(CRL) 2298/2018
1 issue framed by the court
Whether the FIR under Sections 498A/406/34 IPC registered on a matrimonial dispute should be quashed upon settlement and divorce by mutual consent.
1 provisions across 1 enactments
NEERAJ SHARMA
STATE(GOVT. OF NCT OF DELHI)
MUKTA GUPTA
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.
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