Petitioners sought quashing of an FIR under sections 498-A and 406 IPC. The Court granted the prayer as the parties had divorced by mutual consent and finalized a financial settlement, ensuring ends of justice.
FIR No.0087/2016 and all proceedings thereon under Sections 498-A/406 read with Section 34 IPC were quashed.
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$~14
..... Petitioners Through Petitioners with their counsel (appearance not given.)
versus
STATE (NCT OF DELHI) & ANR
..... Respondents Through Mr. Chaitanya Gosain for Mr. Rahul Mehra, Standing Counsel along with SI Om Pal Singh. R-2 in person.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
O R D E R
% 16.03.2018
The petitioners are seeking quashing of the present FIR i.e. FIR No.0087/2016 registered under Sections 498-A/406 read with Section 34 of the IPC at Police Station Model Town on the complaint of respondent No. 2. Respondent No. 2 is present in Court. Her presence has been identified by the Investigating Officer.
Petitioner No. 1 and respondent No. 2 had got married according to Hindu rites in May, 2013. Their marriage did not run smoothly. They agreed to go in for divorce by mutual consent. A decree of divorce by mutual consent was passed on 24.10.2017. No child was borne out of their wedlock. In terms of their settlement, it was agreed that a sum of 12.50 lacs will be paid by petitioner No. 1 to respondent No. 2 out of which ₹10 lacs stands paid. A sum of ₹2.5
lacs has been paid by way of a demand draft by petitioner No. 1 to respondent No. 2 in Court today. Parties endorse the terms of this settlement.
This is a fit case where the prayer made in the present petition be granted. Accordingly, to secure the ends of justice, FIR No.0087/2016 registered under Sections 498-A/406 read with Section 34 of the IPC at Police Station Model Town and all proceedings emanating thereto stand quashed.
Petition disposed of in the above terms.
INDERMEET KAUR, J
MARCH 16, 2018 A
2 issues framed by the court
Whether the present FIR under Sections 498-A/406 read with Section 34 IPC should be quashed in light of divorce by mutual consent and settlement.
Whether the settlement of ₹12.50 lacs between the parties cures the offence alleged in the FIR.
1 provisions across 1 enactments
Anshul Kumar Bhati & Ors
State (NCT of Delhi) & Anr
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
