Dilip Kumar Mehto v. State & Anr

Delhi High Court · 14 Jan 2015 · 2015:DHC:10618
Manmohan Singh
CRL.M.C. 5932/2014
2015:DHC:10618
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR under Sections 406, 498-A, and 34 IPC arising from matrimonial disputes following an amicable settlement and mutual consent divorce.

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/ $-24 HIGH COURT OF DELHI
CRL.M.C. 5932/2014
DILIP KUMAR MEHTO &QRS petitioners
Through Ms.Suman Chauhan, Adv.
VERSUS
STATE & ANR
Through Respondents Mr.M.P.Singh, AFP for the State/R-1 along with SI Hitendra Kumar, PS
Dwarka North inperson.
Mr.Vaibhav Sinha, Adv. forR-2.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
14.01.2015 The petitioners have filed the present petition under Section 482
Cr.P.C. for quashing ofFIR No.15/2012 registered on 13® January, 2012, under Sections 406/498-A/34 IPC at P.S. Dwarka North, Delhi on the complaint ofrespondent No.2.
Brief facts ofthe case are that the marriage between petitioner No.1 and respondent No.2 was solemnized on 20'" June, 2009 as per Hindu Rites and Ceremonies. Since January, 2012, they are living separately fi-om each other. On the basis ofthe complaint made by respondent No.2, the aforesaid
FIR was registered against the petitioners. During the pendency of the proceedings, petitionerNo.1and respondent No.2 have settled theirdisputes amicably by virtue ofSettlement Agreement dated 9'" August, 2012 which
2015:DHC:10618 was arrived at before the Mediation Centre, Dwarka Courts, New Delhi.
The terms and conditions of the settlement are mentioned in the said agreement which is duly signed by the parties. As per the settlement, the divorce petition by mutual consent was filed under Section 13-B of the
Hindu Marriage Act.
Petitioner No.l and respondent No.2 are present in Court who are duly identified by their respective counsel. They state that in view of the settlement, divorce decree has been passed. However, copy ofthe same is not placed on the record. Learned counsel for the petitioners states that the same would be filed within one week from today.
As perthe settlement, petitioner No.l has paid the balance amount of
Rs.18,000/- incash today in Court itselfto respondent No.2 towards full and final settlement. Respondent No.2 has confirmed the settlement as well as receiving ofthe entire amount from the petitioners. She has no objection if the prayermade in the petition is allowed.
In view of the settlement, the FIR No.15/2012 registered on 13*
January, 2012, under Sections 406/498-A/34 IPC at P.S. Dwarka North, Delhi and proceedings pursuant thereto are hereby quashed qua the petitioners.
The petition isaccordingly disposed of sfN^, J.
JANUARY 14, 2015 2015:DHC:10618
JUDGMENT