This single judge order granted exemption and quashed an FIR under Sections 406/498A/354A/506 IPC read with Section 34 IPC in a matrimonial dispute, noting that the parties had divorced by mutual consent decree and the petitioner had already paid the settled compensation.
FIR No.581/2015 and all proceedings emanated therefrom are quashed.
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ROHAN @ CHARAN & ORS
| ..... P | etitioners | ||
|---|---|---|---|
| Through | Mr.Ranjan Kumar, Ad petitioner in person. |
v. with |
|
| versus | |||
| STATE & ANR | ..... Res | pondents | |
| Through | Mr.Jamal Akhtar, Standing for the State with Mr.Prasha Adv. with ASI Brij Mohan. |
Counsel nt Singh, |
|
| Mr.Hamid Khan and |
Ms.Jyoti | ||
| Sharma, Advocates for R-2. |
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR O R D E R % 21.03.2018
Crl.M.A.No.5231/2018 (exemption)
Exemption is allowed subject to just exceptions. Application disposed of.
W.P.(CRL) 839/2018
Petitioners are seeking quashing of the present FIR i.e. the FIR No.581/2015 registered under Sections 406/498A/354A/506 read with Section 34 of the IPC at police station Badarpur on the complaint of respondent no.2. Respondent no.2/complainant is present in person.
Her presence has been identified by the Investigating Officer as also by the counsel for the complainant. Parties had been married in the year 2015. They could not pull along their marriage and they have been now divorced by a decree of mutual consent dated 16.02.2018. In terms of the settlement arrived at between the parties, petitioner no.1 had agreed to pay a sum of ₹2.5 lakhs to respondent no.2 of which ₹2 lakhs already stand paid and the balance sum of ₹50,000/has been paid in Court and has been accepted by respondent no.2. This is a fit case where the prayer made in the petition should be allowed.
Accordingly, FIR No.581/2015 registered under Sections 406/498A/354A/506 read with Section 34 of the IPC at police station Badarpur and all the proceedings emanated therefrom stand quashed. Petition disposed of in the above terms.
INDERMEET KAUR, J
MARCH 21, 2018 ndn
1 issue framed by the court
Whether the FIR under Sections 406/498A/354A/506 IPC should be quashed following a settlement of mutual consent divorce and payment of agreed sum.
2 provisions across 2 enactments
ROHAN @ CHARAN & ORS
STATE & 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
