This order quashed FIR No. 280/2016 under Sections 498A, 406, and 34 IPC after the complainant confirmed the dispute had been amicably settled via a settlement agreement and divorce by mutual consent had already been obtained.
FIR No. 280/2016 registered under Sections 498A/406/34 IPC and all proceedings arising therefrom were quashed.
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NIKHIL GAUTAM & ORS ..... Petitioners
Through : Mr.Parmod Kumar, Advocate.
versus
THE STATE & ANR. ..... Respondents Through : Ms.Purnima Malik, proxy counsel for R1. Mr.Lokesh Kumar, Advocate for the complainant along with complainant in person. SI Mohd.Faizan Ghani, PS Pandav Nagar.
CORAM: HON'BLE MR. JUSTICE S.P.GARG O R D E R
% 19.04.2018
Page 1 of 2
disputes between the parties have been resolved amicably with her free consent and she has no objection to the quashing of the FIR in question. Divorce by mutual consent has already been taken place. Pursuant to the settlement, all the payments have been received by the complainant out of the Court.
S.P.GARG, J
APRIL 19, 2018 / tr
Page 2 of 2
1 issue framed by the court
Whether FIR Nos. 498A/406/34 IPC registered in matrimonial disputes should be quashed where the matter has been amicably settled and divorce by mutual consent has taken place.
2 provisions across 2 enactments
Nikhil Gautam & Ors.
The State & Anr.
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
