High Court Delhi quashed FIR under IPC 498-A/34 after petitioners deposited outstanding settlement amount of Rs 3.5 lacs, observing no fruitful purpose in continuing criminal proceedings following divorce decree.
FIR No.61/2016 under Sections 498-A/406/34 IPC and ancillary proceedings quashed on payment of Rs 3.5 lacs.
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Through: Advocate (appearance not given) with petitioners in person.
versus
STATE & ANR. ..... Respondents Through: Mr.Amit Chadha, APP for the State with SI Suresh Chand, PS Kirti Nagar. Respondent no. 2 in person.
CORAM: HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R % 06.12.2019
disputes on their own free will, without any force or coercion before the Principal Judge, Family Courts, Tis Hazari Courts, Delhi on 26.07.2018, in pursuance whereof, the marriage of the petitioner No.1 and the respondent No.2 stands dissolved vide decree of divorce dated 14.03.2019.
No.61/2016 dated 27.01.2016, under Sections 498-A/406/34 of the Indian Penal Code, 1860 (‘IPC’), registered at P.S.: Kirti Nagar, New Delhi and the proceedings emanating therefrom are quashed.
CHANDER SHEKHAR, J
DECEMBER 06, 2019/ AK
2 issues framed by the court
Whether FIR under Sections 498-A/34 IPC should be quashed given the settlement and payment of compromise amount by petitioners.
Whether parties are entitled to benefit of settlement agreement without fear of criminal proceedings.
2 provisions across 2 enactments
NIKHIL GIRDHAR & ORS.
STATE
RESPT NO 2
CHANDER SHEKHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
