PRADEEP KUMAR Petitioner Through Mr.Sanjiv Kumar Vashisht, Advocate. v. THE STATE GOVT OF NCT OF DELHI & ANR

Delhi High Court · 15 Jan 2018 · 2018:DHC:8677
HON'BLE MS. JUSTICE INDERMEET KAUR (1DI1FD 15.01.2018; Parties have settled their disputes.; . complainant.; Parties have arrived at a wholesome settlement. In terms of the settlement (which is yet to be finally culminated) Jyoti Sharma and; Officer is pr
WP(C) No.3562/20 17. The accused in the present case is the cousin brother of sister-in-l
2018:DHC:8677
criminal petition_allowed

AI Summary

The Delhi High Court quashed FIRs registered under IPC Sections 354, 509, 506, and 34 in family dispute cases upon a bona fide settlement including mutual consent divorce and monetary compensation.

Full Text
Translation output
$5 & 6 HIGH COURT OF DELHI
W.P.(CRL) 3533/2016
DHARAMPAL SHARMA & ORS Petitioners
Through Mr.Ajayinder Sangwan, Mr.Arun Rathi, Mr.Tarunesh Kumar, Ms.Rishina Parashar and
Mr.Simrninder Paswan, Advocates.
VERSUS
STATE (GOVT OF NCT DELHI) & ANR.....Respondents
Through Mr.Avi Singh, ASC for State with ST Gopal Singh from P.S.Mehrauli.
Mr.Sanjiv Kumar Vashisht, Advocate for R-2.
W.P.(CRL) 3562/2017 & CrI.M.A.No.21075/2017
PRADEEP KUMAR
Petitioner
Through Mr.Sanjiv Kumar Vashisht, Advocate.
VERSUS
THE STATE GOVT OF NCT OF DELHI & ANR Respondents
Through Mr.Rajesh Mahajan, ASC for State with SI Gopal Singh from
P.S. Meh rau Ii.
Mr.Ajayinder Sangwan, Mr.Arun Rathi, Mr.Tarunesh Kumar, Ms.Rishina Parashar and
Mr.Simrninder Paswan, Advocates for R-2.
2018:DHC:8677 V
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR (1DI1FD 15.01.2018
Parties have settled their disputes.
FIR No.1571/2016 has been registered under Sections
354/509/506/34 of the IPC at police station Mehrauli on the complaint of respondent no.2 in WP(C) 3533/2016. Petitioner no.1 is the father-in-law of respondent no.2 and petitioner no.2 is her husband, petitioner no.3 is her mother-in-law and petitioner no.4 is brother-in- law and petitioner no.5 is her sister-in-law.
The second FIR i.e. the FIR No.0968/20 16 has been registered under Sections 3 54/509/506/34 of the IPC at the same police station on the complaint of respondent no.2 in WP(C) No.3562/20 17. The accused in the present case is the cousin brother of sister-in-law of the
. complainant.
Parties have arrived at a wholesome settlement. In terms of the settlement (which is yet to be finally culminated) Jyoti Sharma and
Shiv Sharma will be divorced by a decree of mutual consent. The first motion under Section 1313-1 of the Hindu Marriage Act has been filed. Parties have arrived at a monetary settlement whereby petitioner no.1 has agreed to pay a sum of Rs.24 lakhs in full and final settlement of all the claims to his estranged wife. This Court has been informed that Rs.14 lakhs have already been paid. Two more
V instalments are yet to be paid by Shiv Sharma to Jyoti Sharma. Rs.5 lakhs which are yet to be paid will be paid at the time of second motion under Section 1313-2 of the Hindu Marriage Act (to be conducted inter se the parties) and the balance sum of Rs.5 lakhs will be paid at the time when the husband shall be moving an appropriate petition quashing the FIR which has been registered at the behest of his estranged wife under Sections 498A/406/34 of the IPC against him and his family members. All the parties are present. They endorse the settlement which has been recorded supra. Investigating
Officer is present. He endorses the presence of the parties. Parties shall be bound by the terms and conditions contained in the settlement as noted supra. To secure ends of justice and to bring the family dispute to an end, it would be in the interest of justice that the FIR
No. 157 1/201 6 registered under Sections 354/509/506/34 of the IPC and FIR No.0968/2016 registered under Sections 354/506/509/34 of the IPC both at police station Mehrauli and all the proceedings emanating therefrom stand quashed.
Petitions disposed of in the above terms.
Order dasti.
INDERMEET KAUR, J JANUARY 15, 2018 ndn
JUDGMENT