Prashant Kakria & Ors v. State (GNCT Delhi) & Anr

Delhi High Court · 14 Jan 2015 · 2015:DHC:10607
Manmohan Singh
CRL.M.C. 4928/2014
2015:DHC:10607
criminal appeal_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Sections 498-A, 406, and 34 IPC based on a bona fide mediation settlement between the parties, exercising its inherent powers under Section 482 Cr.P.C.

Full Text
Translation output
rVZ $_10 HIGH COURT OF DELHI
CRL.M.C. 4928/2014
PRASHANT KAKRIA & ORS Petitioners
Through Mr. Manish Pathak, Adv. with Mr.Anant Malik, Mr. Kunal, Advocates along with all petitioners in person
VERSUS
STATE (GNCT DELHI) & ANR Respondents
Through Mr. M.P. Singh, APP for the State F4 Mr. Pooja Goel, Adv. for R-2
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
14.01.2015
CRL.M.A. 16886/2014 (Exemption)
Exemption allowed, subject to just exceptions.
Application is disposed of
CRL.M.C. 4928/2014
The petitioners have filed the present petition under Section
ORDER

482 Cr.P.C. for quashing of FIR No.144/2008 under Sections 498- A/406/34 IPC registered at P.S. Binda Pur (District South-West) Delhi on the complaint of respondent No.2. Brief facts of the case are that the marriage between petitioner No.1 and respondent No.2 was solemnized on 20th November, 2003. 2015:DHC:10607 C> 4/ Later on, respondent No.2 lodged a complaint against the petitioner No.1 and his family members, on the basis of which the aforesaid FIR was registered on 4th June, 2008. During the pendency of the proceedings, petitioner No.1 and respondent No.2 have settled their disputes amicably before the Mediation Centre, Dwarka Courts, New Delhi by virtue of Mediation Settlement/Compromise dated 3rd June, 2014 and 30th September, 2014, which have been duly signed by all four petitioners and respondent No.2. Copies of both the settlements are placed on the record. In terms of the settlement, petitioner No.2, mother-in-law of respondent No.2 has made the payment of entire amount to petitioner No.1 and respondent No.2. Respondent No.2 has also confirmed the settlement as well as receiving of the entire amount from petitioner No.2 in terms thereof. Respondent No.2 has also confirmed that she does not want to proceed further against her husband, i.e. the petitioner No.1 as both of them along with their children are residing together peacefully. She has no objection if the prayer made in the petition is allowed. In view of the settlement, the FIR No. 144/2008, under Section 498-A/406/34 IPC, registered at P.S. Binda Pur, (District South- West), Delhi and proceedings pursuant thereto are hereby quashed qua all the petitioners. The petition is accordingly disposed of 'k ^ MH N C^I%N/G^Hj JANUARY 149 2015 nn 2015:DHC:10607

JUDGMENT