This order quashes FIR No.467/2016 registered under Sections 498-A/406/34 IPC. The High Court allowed the quashing petition based on the parties' settlement, finding no legal impediment and that continuance of proceedings serves no useful purpose.
FIR No.467/2016 under Sections 498-A/406/34 IPC and proceedings pursuant thereto are hereby quashed.
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CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R % 09.05.2018
By the present petition the petitioners seek quashing of FIR No.467/2016 under Sections 498-A/406/34 IPC registered at PS Najafgarh on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.
Learned proxy counsel for learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the five petitioners are the only accused and respondent No.2 the only complainant/victim. Respondent No.2 is present in Court and is identified by the Investigating Officer. She states that she has settled the matter with the petitioners before the Counselling Cell, Family Courts, Dwarka Court, New Delhi on 2nd August, 2017 and even prior thereto, she had been W.P.(CRL) 702/2018 Page 1 of 2
residing in the matrimonial home since 15th March, 2017 along with her husband, daughter and other family members. She states that she has now no cause of grievance against the petitioners and she will abide by the terms of the settlement and does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.
Petitioners who are present in Court and are identified by the learned counsel, affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties on 2nd August, 2017.
In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
Consequently, FIR No.467/2016 under Sections 498-A/406/34 IPC registered at PS Najafgarh and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
Petition is disposed of.
Order dasti.
MUKTA GUPTA, J.
MAY 09, 2018 ‘rk’
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W.P.(CRL) 702/2018
1 issue framed by the court
Whether FIR u/s 498-A/406/34 IPC and proceedings should be quashed upon settlement by parties.
1 provisions across 1 enactments
GULSHAN KUMAR & ORS.
STATE & ANR
MUKTA GUPTA
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
