High Court of Delhi quashed an FIR registered under Sections 498-A, 406, 34 IPC and Section 4 of Dowry Prohibition Act following a voluntary settlement between the parties after divorce.
FIR No.416/2016 under Sections 498-A/406/34 IPC and Section 4 of Dowry Prohibition Act along with all proceedings therefrom were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
ABID SALMANI & ORS ..... Petitioners Through : Mr.Yogesh Bhardwaj, Advocate.
versus
THE STATE (GOVT OF NCT OF DELHI) AND ANR
..... Respondents Through : Mr.Ashish Aggarwal, ASC with Mr.Piyush Singhal, Advocate. Complainant present in person. ASI Bhupender, PS Khajuri Khas.
CORAM: HON'BLE MR. JUSTICE S.P.GARG O R D E R % 13.02.2018 Crl.M.A.No.2679/2018 (Exemption)
W.P.(CRL) 449/2018
(1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing of FIR No.416/2016 under Sections 498-A/406/34 IPC registered at Police Station Khajuri Khas. It is stated that the matter has been settled with the complainant/victim amicably before Delhi Mediation Centre, Karkardooma Courts, Delhi. (2) Respondent No.2-complainant is present before the court and is identified Investigating Officer. I have enquired from the complainant W.P.(CRL) 449/2018 Page 1 of 2
whether the matter has been settled with the petitioners 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 ` 1,00,000/(in cash) has been handed over to the complainant today in the court. Statement of the complainant has been recorded separately to this effect. Divorce between the parties has taken place.
(3) The petition is supported by the affidavits of the parties. Settlement/Compromise deed dated 18.05.2017 signed by the parties before Mediation Centre, Karkardooma courts is on record.
(4) Since the complainant/Respondent No.2 has voluntarily settled the dispute with the petitioners, 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.416/2016 under Sections 498-A/406/34 IPC and Section 4 of Dowry Prohibition Act registered at Police Station Khajuri Khas and all the proceedings emanating therefrom are quashed.
(5) The petition is disposed of accordingly.
S.P.GARG, J.
FEBRUARY 13, 2018/ sa
Page 2 of 2
W.P.(CRL) 449/2018
3 issues framed by the court
Whether the proceedings should be quashed in view of the voluntary settlement and amicably ensuring the parties settle in life after divorce.
Whether the petition for quashing of FIR under Sections 498-A and 4 IPC is maintainable after the parties have settled the dispute.
Whether the complaint against the petitioners has been settled amicably without fear or pressure.
3 provisions across 3 enactments
Abid Salmani
The State
Complainant
S.P. Garg
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.
Judgements on the same questions, provisions and authorities, from every court
