This order quashed an FIR registered during matrimonial discord between divorcing parties, noting that a full settlement was paid and custody was arranged to secure ends of justice.
FIR No.22/2010 and all proceedings therefrom stand quashed.
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..... Petitioners
Through Mr.Inderdeep Singh, Advocate.
versus
THE STATE GOVT OF NCT OF DELHI & ANR
| ..... | Respon | dents | |
|---|---|---|---|
| Through | Ms.Richa Kapoor, Ms.Shikha Mehra, Adv. |
ASC for the |
and State |
| with SI Pradeek Kumar. | |||
| Mr.S.L.Surjeet Singh, R-2. |
Advocat | e for |
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
O R D E R % 19.03.2018
Crl.M.A.No.5056/2018 (exemption)
Exemption is allowed subject to just exceptions. Application disposed of.
W.P.(CRL) 805/2018
Petitioners are seeking quashing of the present FIR i.e. the FIR No.22/2010 registered under Sections 495/457/380/354/506/34 of the IPC on the complaint of respondent no.2 at police station Model Town.
Respondent no.2 is present. Her presence has been identified by the Investigating officer also by her counsel. This FIR has emanated out of the matrimonial dispute which had arisen between
the parties. Petitioner no.1 and respondent no.2 have since been divorced by a decree of mutual consent dated 23.9.2017. This Court has been informed that a separate petition seeking quashing of another FIR has been filed and is pending before a Coordinate Bench of this Court. That FIR had been registered at the behest of respondent no.2 under Sections 498A/406 read with Section 34 of the IPC. In terms of the settlement arrived at inter se the parties pursuant to the decree of divorce the respondent no.2 has been agreed to be paid a full and final settlement amount of Rs.7.5 lakhs out of which Rs.5 lakhs already stand paid and the remaining amount of Rs.2.5 lakhs has been paid today in the Court. The custody of their minor daughter will remain with respondent no.2 but petitioner no.1 has visitation rights.
As noted supra this FIR has been emanated from a matrimonial discord between the parties, this is a fit case where the prayer made in the payer be granted. Accordingly, to secure ends of justice FIR No.22/2010 registered under Sections 495/457/380/354/506/34 of the IPC on the complaint of respondent no.2 at police station Model Town and all the proceedings emanating therefrom stand quashed.
Petition disposed of.
INDERMEET KAUR, J
MARCH 19, 2018 ndn
1 issue framed by the court
Whether matrimonial dispute arising during divorce proceedings is a fit case for quashing of the impugned FIR.
1 provisions across 1 enactments
Charanjit Singh & Ors.
The State Govt of 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
