The High Court quashed two FIRs registered under Sections 498-A, 406, 377, 354, and 323, 506, 509 of the IPC. The court held that the petitions arose from a matrimonial dispute where the parties had reached a settlement and filed a mutual consent divorce petition.
FIR-No.0033/2017 and FIR No.561/2016 and all proceedings emanating therefrom are 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.
Signature Not Verified Digitally Signed By:AM UL YA
under Sections 498-A/406/377/354 read with Section 34 of the IPC at Police Station Preet Vihar against the husband of the complainant as also her in-laws. The second FIR No.561/2016 has been registered on the complaint of one Ms. 'GK' (paternal aunt of Ms. 'HA') under Sections 323/506/509 read with Section 34 of the IPC at Police Station Madhu Vihar. Section 354 was also added pursuant to the statement of the complainant recorded under Section 164 of the Cr.PC.
Essential it was a matrimonial dispute which has triggered all these proceedings. It is stated that the married couple i.e. Yatin Arora and Ms. 'HA' have settled their disputes and in fact they have agreed to go in for divorce by mutual consent. Their First Motion under Section 13 (b)(i) of the HMA has been recorded and the Section Motion will be recorded shortly thereafter. The Second Motion shall be conducted within a period of one week; learned counsel for the complainant will prepare the petition within three days and the same be signed by the husband and the Section Motion will accordingly be filed before the Court within an outer limit of one week. In terms of their settlement, they have exchanged their dowry articles. Parties have no claim or dispute left against one another. No child was bom out of their wedlock. They have agreed to separate.
Accordingly in the fitness of things, it would be appropriate if the prayer made in the present petitions be granted. To secure the ends of justice, FIR-No.0033/2017 registered under Sections 498A/406/377/354 read with Section 34 of the IPC at Police Station Preet Vihar and FIR No.561/2016 registered under Sections 323/506/509
read with Section 34 of the IPC at Police Station Madhu Vihar and all proceedings emanating thereto are quashed. / Petitions disposed of.
/-
INDERMEET KAUR, J
FEBRUARY 16, 2018 A
1 issue framed by the court
Whether the FIRs registered under matrimonial dispute sections should be quashed in light of a mutual settlement and pending divorce petition.
2 provisions across 1 enactments
INDERMEET KAUR
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
