The court quashed an FIR arising from matrimonial disputes after the parties produced a mediated settlement dated 10.11.2017 wherein they agreed to reconcile, reunite, and specifically request the quashing of the criminal proceedings.
Petition allowed; FIR No. 131/2006 and all proceedings initiated pursuant thereto are quashed.
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versus
STATE & ANR ..... Respondents Through: Mr. Kamal Kumar Ghai, APP for State. Ms. Neelam Singh, R-2 in person.
CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN
O R D E R % 12.03.2019
The present petition is for quashing of FIR No. 131/2006 in P. S. New Ashok Nagar. The FIR arose out of matrimonial disputes which have been settled between the parties through a mediated settlement dated 10.11.2017. A copy of the report of the Mediation Centre, which is signed by both the petitioner/husband and the respondent no.2/wife have been placed on record. It is inter alia recorded therein that the parties have decided to amicably resolve all their matrimonial disputes and have decided to reunite on the terms and conditions stated therein. The agreement also records that the parties have agreed that the said FIR No. 131/2006 be quashed.
Although, by the order dated 08th August, 2018, this Court had
CRL.M.C. 756/2018 page 1 of 2
required the State to file a Status Report and the second respondent to file her response by way of affidavit, the concerned parties as well as the I.O. are personally present in Court. The I.O. confirms the identity of the parties and has also verified the contents of the application. It is stated by counsel for both the parties that the parties have reunited and are living together for more than one year now, pursuant to the settlement agreement. The parties confirm that the settlement has been entered into of their free will and without any coercion or pressure.
In the circumstances, no further purpose would be served in keeping the FIR pending. Consequently, the petition is allowed and FIR No.131/2006 lodged with P.S. New Ashok Nagar, New Delhi and proceedings initiated pursuant thereto are quashed.
The petition is disposed of.
PRATEEK JALAN, J
MARCH 12, 2019 j
page 2 of 2
CRL.M.C. 756/2018
2 issues framed by the court
Whether a matrimonial FIR should be quashed upon the production of a mediated settlement and reunication of the parties.
Whether the purpose of the prosecution continues to subsist when the parties have resumed living together as per a settlement agreement.
Vijay Bahadur
Another Petitioner
State
Another Respondent
Prateek Jalan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
