Petition filed for quashing of FIR based on matrimonial discord. Court observed that parties had entered into an amicable settlement agreement and are now living peacefully together. Exercise of inherent powers invoked to quash FIR to secure ends of justice.
FIR No. 0655/2021 and all other proceedings emanating therefrom are quashed.
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Through: Ms. Ananya Marwah, Mr. Archit Pandey, Advs. with petitioners.
versus
THE STATE NCT OF DELHI AND ANR. .....Respondents Through: Ms. Kiran Bairwa, APP for the State with ASI N. M. Pal, SI Yash Pal, PS Farsh Bazar Ms. Geeta Devi/R-2 in person.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
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settlement dated 31.08.2024.
2. That both the parties shall reside at House No. 21. Gali No.- 2, Ambedkar Colony. Shahdara, Delhi.
3. That both the parties shall not resort to any fights, arguments, verbal abusive language or/and physical violence with each other, and shall try to maintain peace and harmony in their matrimonial life.
4. That the parties have settled all the disputes amicably between them. The First party has agreed to give her statement in Hon'ble High Court of Delhi for Quashing of FIR no. 0655/2021 and FIR No. 0504/2021 at PS Farsh Bazar against the second party and his family. members.
5. That the parties undertake to appear before the Hon'ble Delhi High Court for quashing of FIR no. 0655/2021 and FIR No. 0504/2021 at Police Station Farsh Bazar and making their statement before Hon'ble Delhi High Court for the quashing of FIR against the husband and his family members as well, namely Laxmi Devi (mother-in-law). Sunita Ompal, Anita, Bodh Prakash.
6. That both the parties undertake to sign all the petition,
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 19/09/2024 at 12:08:50
application, affidavit for Quashing of FIR no. 0655/2021 and FIR No. 0504/2021 at Police Station. Farsh Bazar.
7. That both the parties shall undertake and abide by the terms and conditions of the settlement.
8. That the parties shall not challenge the validity and legality of this settlement before any court of law, authority and police authority or any other authority established under the law.
9. That both the parties further undertake to live their life peacefully and respectfully as husband and wife as the present compromise is for the betterment of future of both parties.
10. That the wife out of her free will and consent has settled all the disputes, grievances, and differences with the husband.
11. That the parties undertake that they shall not cause any kind of variation and addition in the terms and condition of the settlement Deed at any point of time.
12. It is settled that after compliance of the terms of the present settlement, there shall remain no dispute due between the parties and that if any other case/petition/complaint etc between the parties is pending in any Court or Authority; the same shall be withdrawn/got disposed of by the respective party.
13. The parties here to undertake that they shall be bound by the above said terms and conditions In case any of the above said parties does not abide by the terms and conditions of this settlement. the other party shall be at liberty to take action as per law
14. That the contents of this settlement have been explained to the parties in vernacular and they have understood the same. The parties here to undertake that they have signed the above settlement after going through and understanding the contents of the same and they have settled the dispute as per the terms herein above mentioned between themselves of their own free will and consent without any force, pressure or coercion from any side.
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 19/09/2024 at 12:08:50
15. Copy of this settlement is given to both the parties .”
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 19/09/2024 at 12:08:50
DINESH KUMAR SHARMA, J
SEPTEMBER 11, 2024
Pallavi/NA
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 19/09/2024 at 12:08:50
2 issues framed by the court
Whether the FIR registered under sections relating to matrimonial discord can be quashed in view of an amicable settlement entered into by the parties.
Whether the inherent powers under Section 482 CrPC should be exercised to quash the criminal proceedings given the parties' reconciliation.
Colour shows how this judgement treated each authority
B.S. Joshi v. State of HaryanaFollowed¶38
B.S. Joshi v. State of Haryana, (2003) 4 SCC 675 · Who else cites this
K. Srinivas Rao v. D.A. DeepaFollowed¶38
K. Srinivas Rao v. D.A.Deepa, (2013) 5 SCC 226 · Who else cites this
Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and AnotherRelied on¶38
Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179 · Who else cites this
2 provisions across 2 enactments
UMESH KUMAR & ORS.
THE STATE NCT OF DELHI AND ANR.
DINESH KUMAR SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
