The Court quashed the FIR lodged against the petitioners under Sections 498A, 406, and 34 IPC arising out of matrimonial discord after the parties amicably settled their disputes and agreed to live together peacefully.
Petition allowed; FIR No.0063/2016 and all consequential proceedings against the petitioners under Sections 498A/406/34 IPC quashed.
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PAWAN & ANR. ..... Petitioners Through: Mr.Pawan Singh Tanwar, Adv. along with P-1 in person.
versus
THE STATE & ANR. ..... Respondents Through: Mr.Satinder Singh Bawa, APP with SI Meetu Yadav Mr.Sarthak Saxena, Adv. for R- 2 along with R-2 in person.
CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA O R D E R
% 09.02.2024 CRL.M.A. 4169/2024 (Exemption)
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 15:02:15
FIR was an offshoot of the matrimonial discord between the parties, that is, the petitioner no. 1 and the respondent no. 2. He submits that the parties, that is, the petitioner no.1 and the respondent no.2 have amicably settled their inter se disputes and have entered into a settlement vide Compromise / Settlement Deed dated 23.01.2024. As per the terms of the settlement, the parties have decided to start living together peacefully and happily along with their children.
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State of Gujarat & Ors. (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 3, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.
NAVIN CHAWLA, J
FEBRUARY 9, 2024 /ns/ss
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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 15:02:15
3 issues framed by the court
Whether the FIR and proceedings should be quashed in light of a matrimonial settlement.
Whether exercising inherent power under Section 482 Cr.P.C. is appropriate given the amicable settlement.
Whether quashing the FIR would serve the interests of justice and public exchequer.
Colour shows how this judgement treated each authority
Jitendra Raghuvanshi v. Babita RaghuvanshiReferred¶18
(2013) 4 SCC 58 · Who else cites this
Gian Singh v. State of PunjabReferred¶18
(2012) 10 SCC 303 · Who else cites this
Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors.Referred¶18
(2017) 9 SCC 641 · Who else cites this
State of Haryana & Ors. v. Bhajan Lal & Ors.Referred¶18
1992 Supp (1) SCC 3 · Who else cites this
2 provisions across 2 enactments
Pawan & Anr.
The State & Anr.
Navin Chawla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Navin Chawla
Parties & counsel
