Allowed

Manoj Kumar & Ors. v. State & Anr.

Delhi HC14 Feb 2019CRL.M.C./845/2019

Case brief

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What is this about?

This court quashed the FIR under IPC Sections 498-A/406/34 filed against the petitioners. A settlement deed was executed and the marriage was subsequently dissolved by divorce. With payment of the balance amount, the court held that no purpose would be served by continuing proceedings.

What did the court decide?

FIR No.257/2017 under Sections 498-A/406/34 IPC and consequential proceedings are quashed and disposed of.

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

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$~37

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 845/2019 & CRL.M.A.3390/2019

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MANOJ KUMAR & ORS. .... Petitioners

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Through: Mr. Prince Sharma, Adv. with the petitioners in person

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versus

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STATE & ANR. .... Respondents Through: Mr. Kamal Kumar Singh, APP with SI Dheer Singh, PS Farsh Bazar, New Delhi Mr. A.A. Khan, Adv. for R-2 with R-2 in person

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CORAM:

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HON'BLE MR. JUSTICE CHANDER SHEKHAR O R D E R % 14.02.2019

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CRL.M.A. 3390/2019 (for exemption)

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Allowed, subject to all just exceptions. Application stands disposed of.

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CRL.M.C. 845/2019

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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.257/2017 under Sections 498-A/406/34 of the Indian Penal Code, 1860 (IPC), registered at Police Station Farsh Bazar, 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 vide settlement deed dated 10.07.2018 in pursuance

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whereof, their marriage has been dissolved vide a decree of divorce dated 5.10.2018.

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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 to pay the balance amount of Rs.2,00,000/- to the respondent No.2. Respondent No.2 submitted that in case the petitioners make the balance payment of Rs.2,00,000/- in terms of the settlement arrived at between the parties, she has no objection to the petition being allowed and the quashing of the FIR.

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Learned counsel for the petitioners submitted that the petitioners have brought a Demand Draft bearing No.447924 dated 24.1.2019 for an amount of Rs.2,00,000/- which has been handed over to the respondent No.2 today in the Court. The parties submitted that in view of the payment of the balance amount as well as in the interest of justice, the aforesaid petition may be allowed.

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In view of the aforesaid circumstances and 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.257/2017 under Sections 498-A/406/34 of the IPC, registered at Police Station Farsh Bazar, New Delhi and all the consequential

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proceedings arising out of the FIR are quashed.

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Petition is disposed of in above terms.

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CHANDER SHEKHAR, J FEBRUARY 14, 2019/rk

Manoj Kumar & Ors. v. State & Anr.

Case brief

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Manoj Kumar & Ors. v. State & Anr.

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