Petitioners sought quashing of an FIR regarding matrimonial discord after obtaining a divorce decree and settling the dispute. The court quashed the FIR upon the complainant's instruction that she no longer wanted to pursue the complaint.
FIR No. 206/2016 and all proceedings memorial therefrom were quashed.
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| HARMANDEEP | SINGH KA |
LSI & ORS. .....Petitioners |
|---|---|---|
| Through: Versus |
Mr. Jaspreet Singh, Advocate with Petitioners in person. |
|
| STATE & ANR. CORAM: HON'BLE MR. |
Through: JUSTICE N O R D E R |
..... Respondents Mr. Rajat Katyal, APP with SI Jaibir Singh, P.S. Geeta Colony. AJMI WAZIRI |
| % | 06.03.2019 | |
| Crl. M.A.No.4805/201 | 9 (for exemp | tion) |
Allowed, subject to all just exceptions.
The application stands disposed-off.
W.P.(CRL) No.676/2019
This petition seeks quashing of FIR No. 206/2016 registered on the complaint of complainant/R-2 under sections 498-A/406/34 IPC at Police Station Geeta Colony, Delhi, apropos matrimonial discord and other incidents of aggression on her by petitioner No. 1 and his relatives. Ties of matrimony between the complainant and petitioner no. 1 have since been brought to an end by way of a Divorce Decree dated 11.01.2019. The parties have settled the lis and their differences amicably by way of a Settlement/Agreement dated 21.07.2018, whereunder the complainant was to be paid a total sum of Rs. 25 lacs, of which only Rs. 8 lac remains to be paid to her. It has been so paid to her in Court today through her counsel by
way of a Demand Draft bearing No. 542366, dated 05.01.2019 drawn on ICICI Bank, Connaught Place, New Delhi.
The parties are present in the Court and have been identified by their respective counsel. The learned counsel for the complainant submits upon instructions that the complainant does not wish to pursue her complaint any further and rather would like to put her unfortunate past behind her and look for happier times in life.
Since the complainant herself does not wish to pursue her complaint against the petitioners, the substratum of the FIR dissipates and proceedings apropos the same would be an exercise in futility.
Following the dicta of the Supreme Court in Gian Singh Vs. State of Punjab and Another (2012) 10 SCC 303, Narinder Singh & Ors. Vs. State of Punjab & Anr. 2014 6 SCC 466 and Jitendra Raghuvanshi & Ors. Vs. Babita Raghuvanshi & Anr. (2013) 4 SCC 58 , a case is made out for quashing of the FIR.
In view of the above, the aforesaid FIR and all the proceedings emanating therefrom are hereby quashed.
The petition stands disposed-off in the above terms.
NAJMI WAZIRI, J.
MARCH 06, 2019 sb
2 issues framed by the court
Whether an FIR based on matrimonial discord can be quashed when the matrimonial ties have been dissolved by divorce decree.
Whether the quashing of an FIR is justified when the complainant has settled the dispute and does not wish to pursue the complaint.
Colour shows how this judgement treated each authority
Gian Singh Vs. State of PunjabFollowed¶12
_Gian Singh Vs. State of Punjab and Another (2012) 10 SCC 303_ · Who else cites this
Narinder Singh & Ors. Vs. State of PunjabFollowed¶12
_Narinder Singh & Ors. Vs. State of Punjab & Anr. 2014 6 SCC 466_ · Who else cites this
Jitendra Raghuvanshi & Ors. Vs. Babita RaghuvanshiFollowed¶12
_Jitendra Raghuvanshi & Ors. Vs. Babita Raghuvanshi & Anr. (2013) 4 SCC 58_ · Who else cites this
HARMANDEEP SINGH KA & ORS.
STATE & ANR.
NAJMI WAZIRI
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
