Matrimonial dispute FIR for offences punishable under Sections 498A/406/34 IPC was sought to be quashed on the basis of a settlement agreement; divorce by mutual consent had been decreed. The complainant confirmed receipt of settlement amounts. Relying on Gian Singh, the High Court quashed the FIR and proceedings.
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VIJAY KUMAR .....Petitioner
Through: Mr. Siddhant Nath (D/2459/2018) and Mr. Bhavishya Makhija (D/8832/2023), Advocates with Petitioner in person.
versus
STATE (N.C.T.) OF DELHI & ANR. .....Respondents Through: Mr. Shoaib Haider, APP for the State. Ms. Devanshi Pokhriyal (D/3923/2023), Advocate for R-2 along with Respondent No.2 in person. SI Kiran Deep Kaur, PS KM Pur
CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 10.09.2024
Page 1 of 3
CRL.M.C. 3487/2022
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 02/07/2025 at 09:19:13
that the parties have settled their dispute before the Mediation Centre, Saket Courts, New Delhi vide a Settlement Agreement dated 08.12.2017. It is stated the parties had filed a petition for divorce by mutual consent before the Ld. Judge, Family Court, South East, Saket Courts, Delhi and by a Judgment and Decree dated 02.11.2018, the marriage between the Complainant/Respondent No.2 and the Petitioner/husband stands dissolved. It is further stated that as per the settlement, the Petitioner/husband has agreed to pay a sum of Rs.5,00,000/- to the Complainant/Respondent No.2 towards the full and final settlement of all her claims in the following manner:
Page 2 of 3
CRL.M.C. 3487/2022
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 02/07/2025 at 09:19:13
before this Court.
SUBRAMONIUM PRASAD, J
SEPTEMBER 10, 2024 S. Zakir
Page 3 of 3
CRL.M.C. 3487/2022
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 02/07/2025 at 09:19:13
1 issue framed by the court
Whether an FIR under Sections 498A/406/34 IPC arising from a matrimonial dispute should be quashed following a full and final settlement between the parties.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabApplied¶4
(2012) 10 SCC 303 · Who else cites this
3 provisions across 3 enactments
Vijay Kumar
State (N.C.T.) of Delhi
Respondent No.2 (Complainant/wife)
Subramonium Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
