Quashed

Vikas Mittal & Ors. v. the State ( Govt of NCT of Delhi) & Anr.

Delhi HC22 Mar 2018W.P.(CRL)/859/2018

Case brief

AI extract

What is this about?

The High Court of Delhi granted an exemption under Section 438 CrPC and unanimously quashed a First Information Report under Section 498A IPC. The Court observed that the parties had amicably settled the matrimonial dispute and there was no utility in continuing the criminal proceedings.

What did the court decide?

FIR No. 798/2014 and the proceedings pursuant thereto were quashed.

Vikas Mittal & Ors. Vs the State ( Govt of NCT of… — Matrimonial and Divorce | Delhi HC (2018)

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$~59

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(CRL) 859/2018 VIKAS MITTAL & ORS .... Petitioner Represented by: Mr. Achin Kashyap, Mr. Rajesh Kumar, Advs.

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versus

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THE STATE ( GOVT OF NCT OF DELHI) & ANR

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..... Respondent Represented by: Mr. Premsagar Pal, proxy Adv. for Mr. R.S. Kundu, ASC with ASI Devender Kumar PS Uttam Nagar. R-2 in person.

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CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA

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O R D E R % 22.03.2018 Crl.M.A. 5345/2018

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Exemption allowed subject to just exceptions.

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W.P.(CRL) 859/2018

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By the present petition the petitioners seek quashing of FIR No. 798/2014 under Sections 498A/406/323/506/34 IPC registered at PS Uttam Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

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Learned proxy counsel for the learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the 4 petitioners are the only accused and respondent No.2 the only complainant/ victim.

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W.P.(CRL) 859/2018 page 2 of 3

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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 Principal Judge, Family Courts on 10^th November, 2014 where after she has started living with the petitioners in the matrimonial home along with the minor daughter of the petitioner No.1 and respondent No.2 namely Mansi. She further states that she does not wish to pursue the above-noted FIR and the proceedings pursuant thereto and the same be quashed.

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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.

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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, rather the same would create further acrimony between them, 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.

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Consequently, FIR No. 798/2014 under Sections 498A/406/323/506/34 IPC registered at PS Uttam Nagar, Delhi and proceedings pursuant thereto are hereby quashed.

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Parties have signed this order sheet in acknowledgment of their statements made before this Court.

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W.P.(CRL) 859/2018

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page 2 of 3

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Petition is disposed of. Order dasti.

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MUKTA GUPTA, J.

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MARCH 22, 2018 ‘ga’

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page 3 of 3

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W.P.(CRL) 859/2018

Vikas Mittal & Ors. v. the State ( Govt of NCT of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Vikas Mittal & Ors. v. the State ( Govt of NCT of Delhi) & Anr.

Case brief

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What did the court decide?

What the court decided

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