The court quashed FIR No. 286/2016 and subsequent proceedings under Sections 354B/506/34 IPC arising from a matrimonial dispute, accepting a settlement reached between the petitioner and respondent at the Delhi Mediation Centre.
FIR No. 286/2016 under Sections 354B/506/34 IPC registered at PS Ghazipur, Delhi and proceedings pursuant thereto quashed.
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| * | IN THE HIGH | COURT OF DE | LHI AT NEW DELHI |
|---|---|---|---|
| + | W.P.(CRL) 815/2 | 018 | |
| PRADEEP VAJP | AI & ANR | ..... Petitioners | |
| Represented by: versus |
Mr. S.D. Kushwaha, Advocate with petitioners in person. |
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| STATE & ANR | ..... Respondents | ||
| Represented by: | Mr. R.S. Kundu, Additional Standing Counsel for State and Mr. Suman Saharan, Advocate with ASI Surender Singh, , PS Ghazipur. |
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| Mr. Siddharth Choudhary and Mr.Vikram Singh, Advocates for respondent No.2 with |
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| respondent No.2 in person. |
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R % 17.04.2018
By the present petition the petitioners seek quashing of FIR No. 286/2016 under Sections 354B/506341/34 IPC registered at PS Ghazipur, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.
Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the two petitioners are the only accused and the respondent No. 2 the complainant/victim. He also states that the above noted FIR is an offshoot of a matrimonial dispute between the petitioner No.1 and respondent No.2. W.P.(CRL) 815/2018 Page 1 of 2
Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has holistically settled the matter with the petitioner No.1, who is her ex-hsuband and all of his family members before the Delhi Mediation Centre, Karkardooma Courts on 8th May, 2017, copy whereof is annexed as Annexure –P2 to the present petition. In terms of the settlement she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. She undertakes to abide by the terms of the settlement.
The 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 the settlement arrived at between the parties.
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. 286/2016 under Sections 354B/506341/34 IPC registered at PS Ghazipur, Delhi 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.
APRIL 17, 2018/‘vn’
W.P.(CRL) 815/2018
Page 2 of 2
2 issues framed by the court
Whether the proceedings under FIR No. 286/2016 should be quashed given that the parties have amicably settled the matter.
Whether there is a legal impediment to quashing the FIR in a case arising from a matrimonial dispute settled by mediation.
Pradeep Vajpai & Anr
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
