Quashed

Shri Rohit & Ors. v. State of NCT of Dlehi & Anr.

Delhi HC7 Feb 2018CRL.M.C./647/2018

Case brief

AI extract

What is this about?

Criminal Miscellaneous Case petition seeking quashing of FIR under Sections 498-A/406/34 IPC arising from matrimonial discord. The High Court allowed quashment based on a valid settlement agreement, full payment of claims, wife's willingness to withdraw charges, and a mutual consent divorce decree passed earlier.

What did the court decide?

Quashing of FIR No.466/2014 and consequential proceedings under Sections 498-A/406/34 IPC.

Shri Rohit & Ors. Vs State of NCT of Dlehi & Anr. — Matrimonial and Divorce | Delhi HC (2018)

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$~59

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 647/2018

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SHRI ROHIT & ORS ..... Petitioners

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Through Mr. Muhammad Arif, Advocate.

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versus

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STATE OF NCT OF DLEHI & ANR ..... Respondents Through Mr. Mukesh Kumar, APP for the State. Mohd. Nabeel, Advocate for respondent No.2. SI Veena Sharma, PS Paharganj.

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CORAM: HON'BLE MR. JUSTICE SANJEEV SACHDEVA O R D E R % 07.02.2018

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Crl.M.A. 2331/2018 (exemption)

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Exemption is allowed subject to all just exceptions.

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CRL.M.C. 647/2018

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The petitioners seek quashing of FIR No.466/2014 under Sections 498-A/406/34 IPC, Police Station Pahar Ganj.

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The subject FIR emanates out of matrimonial discord. Petitioner No.1 was the husband of respondent No.2.

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Learned counsel for the petitioners submits that the parties have entered into a settlement agreement dated 09.02.2015 through the process of mediation, held at Delhi Mediation Centre, Tis Hazari Courts, Delhi. The parties have already been divorced by way of a decree of divorce by

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CRL.M.C. 647/2018

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Page 1

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mutual consent, passed on 26.11.2016.

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The respondent No.2 was to be paid a total sum of Rs.4,00,000/- in full and final settlement of all her claims. A sum of Rs.3,00,000/- has already been paid. The balance sum of Rs.1,00,000/- has been paid to the respondent No.2 by way of a Bankers Cheque No.28350 dated 05.01.2018 drawn on Yes Bank.

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The respondent No.2 is present in person, represented by the counsel and is identified by the Investigating Officer. She submits that she has settled her disputes with the petitioners and does not wish to press charges against the petitioners and prosecute the complaint any further.

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In view of the fact that the proceedings emanate out of a matrimonial discord and the parties have fully and finally settled their disputes and the respondent No.2 has stated that she does not wish to press the complaint any further and the fact that the parties have already been divorced by way of a decree of divorce by mutual consent, passed on 26.11.2016, and in the interest of justice, it would be expedient to quash the subject FIR and the consequent proceedings emanating there from.

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In view of the above, FIR No.466/2014 under Sections 498A/406/34 IPC, Police Station Pahar Ganj and the consequent proceedings emanating there from are quashed.

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Order Dasti under the signatures of the Court Master.

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SANJEEV SACHDEVA, J

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FEBRUARY 07, 2018 st

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CRL.M.C. 647/2018

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Shri Rohit & Ors. v. State of NCT of Dlehi & Anr.

Case brief

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Shri Rohit & Ors. v. State of NCT of Dlehi & Anr.

Case brief

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