Acchar Manraw v. State & Anr

Delhi High Court · 14 Jan 2015 · 2015:DHC:10620
Manmohan Singh
CRL.M.C. 5839/2014
2015:DHC:10620
criminal appeal_allowed Significant

AI Summary

The Delhi High Court quashed the FIR and criminal proceedings under Sections 498-A, 406, and 34 IPC based on an amicable settlement and divorce by mutual consent between the parties.

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ff \ $-20 HIGH COURT OF DELHI
CRL.M.C. 5839/2014
ACCHAR MANRAW ETC
Through
VERSUS
STATE & ANR
Through Petitioners Dr.Ashutosh, Adv. with Mr.DaIip Singh, Adv. along with
P-1, 2 & 4 in person.
Respondents Ms.Jasbir Kaur, APP for the State/
R-1 along with SI Attar Singh, CAW Cell, East, in person. !
Ms.Lavisha Kamra, Adv. for R-2. i
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
14.01.2015 Crl.
M.A. No.19930/2014 (exemption)
Exemption allowed, subject to just exceptions.
The application is disposed of Crl. M.C. No.5839/2014 i
Four petitioners have filed the present petition under Section 482
Cr.P.C. for quashing of FIR No.87/2014 under Sections 498-A/406/34 IPC registeredat P.S. Jagat Puri, Delhi on the complaint ofrespondentNo.2. |
I
Brief facts of the case are that the marriage between pethioner No.l and respondent No.2 was solemnized on 17^*^ September, 2010 inaccordance with Hindu Rites and Ceremonies. Since May, 2012, they are living
2015:DHC:10620 separatelyfrom eachother. On the complaintmade by respondentNo.2, the aforesaid FIR was registered against the petitioners on II® February, 2014.
Dunng the pendency of the proceedings, the parties have settled their disputes amicably by virtue ofSettlement Agreement dated 26" February, 2014 which is arrived at before the Delhi Mediation Centre, Rohini District
Courts, Delhi. The terms and conditions ofthe settlement are mentioned in the saidagreement which is duly signed by the parties. Acopy ofthe same has been placed on the record. The marriage between petitioner No.l and
M respondent No.2 has already been dissolved by adecree of divorce by mutual consent vide order dated 7" November, 2014. In terms of the settlement, petitionerNo.l has paid the remaining amount ofRs.1,25,000/- mcash today in Court itselftowards foil and final settlement.
When the matter is taken up today, only the petitioners No.l, 2&4 are presem who are duly identified by their counsel. Petitioner No.3 is not present. RespondentNo.2 is also present in Court who is duly identified by her counsel. She has no objection ifthe appearance ofthe petitionerNo.3 be dispensed with, in viewofthe fact thatthe disputes betweenthepartieshave already been resolved and the settlement is acted upon between them. She has also confirmed the settlemem as well as receiving the entire amount from petitioner No.l in terms thereof. She has no objection ifthe prayer made in the petitionis allowed.
Considermg the pecuhar facts and circumstances of the case, the presence ofpetitioner No.3 is exempted. In view ofthe averments made in the petition as well as the settlement arrived at between the parties, the FIR
No.87/2014 under Sections 498-A/406/34 IPC registered at P.S. Jagat Purl, Delhi and proceedings.pursuant thereto are hereby quashed qua the' f petitioners.
The petition is accordingly disposed of.
TANiTinv JANUARY 14,2015/ka
JUDGMENT