The Court allowed the petition and quashed FIR No. 1254/2015 and all proceedings thereunder. The parties had executed a settlement agreement and obtained a decree of divorce by mutual consent after the payment of a substantial settlement sum.
Quashing of FIR No. 1254/2015 under Sections 498-A/406/34 IPC and all proceedings emanating therefrom.
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ABHIMANYU SHAH & ANR. ..... Petitioners
Through Ms Meenu Jha, Advocate.
versus
STATE & ANR ..... Respondents Through Mr Rajesh Mahajan, ASC for State with Ms Jyoti Babbar, Advocate. ASI Balkishan, P.S. New Ashok Nagar.
CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU O R D E R
% 13.01.2020
CRL.M.A. 457/2020
W.P.(CRL) 75/2020
resolved all her disputes with petitioner no. 1 in terms of a Settlement Agreement dated 25.10.2018. A copy of the said agreement has been placed on record. In terms of the said settlement, petitioner no.1 has agreed to pay a sum of ₹63,50,000/- to respondent no.2 in full and final settlement of all her claims. Respondent no. 2 acknowledges that she had received a sum of ₹60,50,000/- and with the receipt of the balance amount of ₹3,00,000/-, she would have no further claims against the petitioners. She also states that she and petitioner and no. 1 have secured a decree of divorce by mutual consent.
VIBHU BAKHRU, J
JANUARY 13, 2020 pkv
2 issues framed by the court
Whether FIR No. 1254/2015 registered under Sections 498-A/406/34 of IPC and all proceedings therefrom should be quashed in light of a settlement agreement and divorce by mutual consent.
Whether the payment of settlement amount and acceptance thereof justifies quashing the criminal proceedings.
1 provisions across 1 enactments
Abhimanyu Shah & Anr.
State & Anr.
Vibhu Bakhu
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
