Quashed

Arun Kumar & Ors. v. State & Anr.

Delhi HC11 Feb 2019CRL.M.C./413/2019

Case brief

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What is this about?

Single judge quashed an FIR registered under Sections 498-A, 406, 34 IPC based on a valid settlement agreement and subsequent divorce decree, finding no fruitful purpose in continuing criminal proceedings in the interest of justice.

What did the court decide?

FIR No.314/2015 dated 14.9.2015 under Sections 498-A/406/34 IPC and all consequential proceedings arising out of the FIR are quashed.

Arun Kumar & Ors. Vs State & Anr. — Matrimonial and Divorce | Delhi HC (2019)

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$~6

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 413/2019 & CRL.M.A.1753/2019

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ARUN KUMAR & ORS .... Petitioners

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	Through: versus	Mr. Vipin Kumar and Mr.Dalip Gupta, Advs. with petitioners in person
STATE & ANR		.... Respondents
	Through:	Mr.Panna Lal Sharma, APP
		with SI Karan Singh, PS Lodhi
		Colony, New Delhi
		Mr. Dinesh Kr. Verma, Adv.
		for R-2 with R-2 in person

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CORAM: HON'BLE MR. JUSTICE CHANDER SHEKHAR O R D E R % 11.02.2019

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The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.314/2015 dated 14.9.2015 under Sections 498-A/406/34 of the Indian Penal Code, 1860 (IPC), registered at Police Station Lodhi Colony, New Delhi and the proceedings emanating therefrom.

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The petitioners and respondent No.2 as well as the learned counsel for the parties submitted that the parties have entered into a settlement agreement dated 23.2.2018 before the Mediation Centre, Saket Courts, New Delhi in pursuance whereof, their marriage has been dissolved vide a decree of divorce dated 31.10.2018.

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The Investigating Officer (‘IO’), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the settlement arrived at between the parties.

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The petitioners and the respondent No.2, present in the Court, stated that the settlement was arrived at between the parties on their own free will, without any force, pressure or coercion, in terms whereof the petitioners have already paid the entire settlement amount of Rs.2,00,000/- to the respondent No.2. Respondent No.2 submitted that she has no objection to the petition being allowed and the quashing of the FIR.

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In view of the aforesaid circumstances as well as the settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.314/2015 dated 14.9.2015 under Sections 498-A/406/34 of the IPC, registered at Police Station Lodhi Colony, New Delhi and all the consequential proceedings arising out of the FIR are quashed.

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Petition is disposed of in above terms. Pending application is also disposed of.

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CHANDER SHEKHAR, J

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FEBRUARY 11, 2019/rk

Arun Kumar & Ors. v. State & Anr.

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Arun Kumar & Ors. v. State & Anr.

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