This order quashes an FIR under Sections 498A and 406 IPC following a settlement and mutual consent divorce decree. The petitioner paid the wife via a post-dated cheque in court, which was accepted with an undertaking to honour it.
Quashing of FIR No.126/2014 and consequent proceedings under Sections 498A/406 IPC.
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.
$~64
PANKAJ DHAWAN ..... Petitioner
Through Mr. Joginder Sukhija, Advocate.
versus
STATE OF NCT OF DELHI & ORS. ..... Respondents Through Ms. Anita Abraham, APP for the State.
CORAM: HON'BLE MR. JUSTICE SANJEEV SACHDEVA O R D E R % 02.02.2018
Crl.M.A.2006/2018 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 545/2018
CRL.M.C. 545/2018
Page 1
already been paid. The balance sum of Rs.3,00,000/- has been paid to the respondent No.2 by way of a cheque bearing No.550551 dated 02.02.2018 drawn on ICICI Bank in Court today. The petitioner, who is present in person, undertakes that the said cheque shall be honoured on its presentation. The undertaking is accepted.
SANJEEV SACHDEVA, J
FEBRUARY 02, 2018 st
CRL.M.C. 545/2018
Page 2
2 issues framed by the court
Whether the FIR under Sections 498A and 406 IPC should be quashed given the parties have divorced and settled disputes.
Whether an undertaking to honour a cheque for the remaining settlement amount justifies quashing the criminal proceedings.
1 provisions across 1 enactments
Pankaj Dhawan
State of NCT of Delhi
Sanjeev Sachdeva
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
