The High Court of Delhi quashed an FIR along with consequent proceedings after the respondent submitted that she voluntarily settled the matter with the petitioner and received the agreed amount, noting that divorce had already been granted.
The aforesaid FIR and the consequent proceedings emanating therefrom are quashed.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
STATE (GOVT OF NCT OF DELHI) ..... Respondent Through: Mr. Izhar Ahmad, APP for State with SI Rajiv Kumar, P.S. Mandawali Fazal Pur. Mr. Vishesh Kumar Raghav, Adv. for R-2 along with R-2 in person.
CORAM: HON'BLE MR. JUSTICE A.K. PATHAK O R D E R % 05.10.2018
Notice. Learned APP accepts notice for respondent no. 1. Respondent no.2-Ms. Priya Singh is present in Court along with her counsel, who accepts notice. She has been identified by SI Rajiv Kumar of police station Mandawali Fazal Pur.
Respondent no.2 submits that she has settled the matter with petitioner no. 1 of her own free will and without any undue force, pressure or coercion vide a Memorandum of Understanding/Settlement dated 23/09/2017. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 15/11/2017 passed by the Family Courts, East District, Karkardooma Courts, Delhi. Respondent no.2
submits that she has already received entire settled amount of ₹16 lacs from the petitioner no. 1 and has no objection in case FIR No. 139/2017 under Sections 498A/406/377/34 IPC registered at police station Mandawali Fazal Pur against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to
Keeping in mind the settlement arrived at between the petitioner no.1 and respondent no. 2 voluntarily, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed.
Petition is disposed of in the above terms.
Dasti.
A.K. PATHAK, J.
OCTOBER 05, 2018 ga
2 issues framed by the court
Whether to quash the FIR registered under Sections 498A, 406, 377, and 34 IPC given the settlement and divorce.
Whether the settlement between the parties was voluntary and sufficient to quash criminal proceedings.
Varun Prakash & Ors
State (Govt of NCT of Delhi)
Ms. Priya Singh
A.K. PATHAK
As recorded by the court registry
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