High Court of Delhi, Bench of Justice A.K. Pathak, quashed FIR No. 272/2013 under Sections 498A/406/34 IPC after petitioner and respondent established an amicable settlement, payment of balance amount, and mutually consented divorce decree.
FIR No. 272/2013 and consequent proceedings under Sections 498A/406/34 IPC are quashed.
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versus
THE STATE(NCT OF DELHI)& ANR ..... Respondents Through: Dr. M.P. Singh, APP with SI Rahul Madan, P.S. Gandhi Nagar. Mr. Saket Gahar, Adv. for R-2 along with R-2 in person.
CORAM: HON'BLE MR. JUSTICE A.K. PATHAK O R D E R % 18.01.2018
Crl. M.A. 991/2018
Allowed, subject to all just exceptions.
Application is disposed of.
Crl. M.C. 255/2018
Respondent no.2 is present in Court along with her counsel and has
been identified by SI Rahul Madan of police station Gandhi Nagar. Respondent no.2 submits that she has settled the matter with the petitioner no.1 of her own free will and without any undue force, pressure or coercion.
She further submits that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 1st December,
2017 passed by the Family court, Central District, Tis Hazari Court. Petitioner no.1 has paid 3 lacs to the respondent no.2 towards balance settled amount vide a demand draft, photocopy whereof has been placed on record. Respondent no.2 submits that entire settled amount of 10 lacs stands paid with this payment and she has no objection in case FIR is quashed against all the petitioners.
Keeping in mind that petitioner no.1 and respondent no.2 have settled their disputes amicably, in the interest of justice, FIR No. 272/2013 under Sections 498A/406/34 IPC registered at police station Gandhi Nagar and the consequent proceedings emanating therefrom are quashed.
Petition is disposed of in the above terms.
Dasti.
A.K. PATHAK, J.
JANUARY 18, 2018 ga
2 issues framed by the court
Whether FIR should be quashed on account of settlement reached between the parties.
Whether the dissolution of marriage by mutual consent and subsequent settlement justify quashing proceedings under Section 498A IPC.
1 provisions across 1 enactments
PREM KUMAR & ORS.
THE STATE (NCT OF DELHI)
ANR
A.K. PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
