The High Court of Delhi, in a matrimonial dispute where parties had settled and obtained a decree of divorce, exercised its inherent powers to quash the FIR and subsequent proceedings under Sections 498-A and 406 IPC.
FIR No. 472/2016 and the proceedings emanating therefrom were quashed, and the petition was disposed of.
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ABHIJEET ADHIKARY & ANR ..... Petitioners
Through Mr. Abhishek Sarkar and Ms.Srestha Dutta, Advs.
versus
THE STATE GOVT OF NCT OF DELHI
& ANR .... Respondents Through Mr. Ashok Kumar Garg, APP with ASI Lovkesh Kumar Ms. Padma Priya and Mr.Daryl M., Advs. (legal aid) for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R % 02.12.2019
CRL.M.A. 8241/2018 (for impleadment)
In view of the cause submitted in the application, the application is allowed and Ms.Krishna Adhikary is impleaded as petitioner No.2 in the present petition. Amended memo of parties is taken on record. Application stands disposed of.
CRL.M.C. 873/2018
North West District, Delhi and the proceedings emanating therefrom.
criminal proceedings. Accordingly, in the interest of justice, FIR No.472/2016 dated 1.7.2016, under Sections 498-A/406/34 of the IPC, registered at P.S.: Keshav Puram, North West District, Delhi and the proceedings emanating therefrom are quashed.
CHANDER SHEKHAR, J
DECEMBER 02, 2019/rk
2 issues framed by the court
Whether the FIR under Sections 498-A IPC for matrimonial discord can be quash ed in view of settlement and dissolution of marriage.
Whether the Court needs to exercise its inherent powers under Section 482 CrPC to quash the proceedings due to settled disputes.
2 provisions across 2 enactments
Abhijeet Adhikary
Anr
State Govt of NCT of Delhi
Krishna Adhikary
Chander Shekhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
