Quashed proceedings in an vụ 498-A IPC case after confirming post-decree settlement and acceptance of remaining balance payment.
FIR No.534/2016 and proceedings therefrom were quashed and the petition was disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~15
versus
| STATE (NCT OF | DELHI) & | ANR .... Respondents |
|---|---|---|
| Through | Mr. Mukesh Kumar, APP with | |
| ASI Prem Ram Arya | ||
| Mr. B.P. Sharma and | ||
| Mr.Sanjeev Kumar, Advs. for | ||
| R-2 with R-2 in person |
CORAM: HON'BLE MR. JUSTICE CHANDER SHEKHAR O R D E R % 02.12.2019
CRL.M.A. 9290/2018 (for exemption)
Allowed, subject to all just exceptions. Application stands disposed of.
CRL.M.A. 11801/2019 (for transposing respondent Nos.3 & 4 as petitioner Nos.4 and 5)
In view of the cause submitted in the application, the application is allowed and the respondent Nos.3 and 4 are transposed as petitioner Nos.4 and 5 in the present petition. Application stands
disposed of.
CRL.M.A. 9291/2019
Learned counsel for the petitioners submitted that she is not pressing the present application. Accordingly, the present application is dismissed as not pressed.
CRL.M.C. 2619/2018
the petitioners make the payment of the balance amount of Rs.1 lac to her, she has no objection to the petition being allowed and the FIR being quashed.
CHANDER SHEKHAR, J
DECEMBER 02, 2019/rk
3 issues framed by the court
Whether the petition for quashing the FIR under Section 482 CrPC is maintainable given the settlement between parties and payment of the outstanding amount.
Whether the respondent's acquiescence to the quashing of the FIR in consideration of the balance payment warrants the exercise of the inherent jurisdiction.
Whether the quantum of balance payment of Rs. 1 lac was satisfactorily discharged to enable the quashing of the proceedings.
4 provisions across 2 enactments
Ankur Bharti & Ors.
State (NCT of Delhi) & Anr.
Chander Shekhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
