Quashing of FIR in matrimonial dispute over payments of Rs. 7.5 lakhs and settlement agreement dated 12.07.2023. Court held genuine compromise without coercion justified quashing.
FIR No. 302/2023 and all consequential proceedings quashed. Application disposed of.
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$~58
Through: Petitioners with their counsel Mr. Ratnakar Maltiyar, Advocate.
versus
STATE/ NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Naresh Kumar Chahar, APP for the State along with SI Parmod Kumar, P.S. Aman Vihar. Complainant in person.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
% 07.03.2024
CRL.M.A. 7354/2024
CRL.M.C. 1923/2024
This is a digitally signed order.
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behalf of the State.
b. Second Installment of Rs.2,50,000/- paid to respondent no. 2 at the time of notice in the first divorce.
c. Third installment of Rs. 2,50,000/- paid to respondent no. 2 at the time of quashing of the FIR.
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 12/03/2024 at 11:15:53
SWARANA KANTA SHARMA, J
MARCH 7, 2024/A/N
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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 12/03/2024 at 11:15:54
3 issues framed by the court
Whether the FIR u/s 498A IPC registered for matrimonial disputes can be quashed in light of settlement and payment of money.
Whether a genuine compromise settled amicably without coercion warrants quashing of criminal proceedings.
Whether continuation of proceedings would serve any useful purpose given the settlement.
2 provisions across 2 enactments
Chandan Jha & Ors.
State/ NCT of Delhi & Anr.
Swarana Kanta Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
