Om Prakash & Ors. v. State (NCT of Delhi) & Anr

Delhi High Court · 08 Jan 2018 · 2018:DHC:158
S.P. Garg
W.P.(Crl.)50/2018
2018:DHC:158
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC following an amicable settlement and mutual consent divorce between the parties.

Full Text
Translation output
W.P.(Crl.)50/2018 HIGH COURT OF DELHI
Date of Decision: JANUARY 08, 2018
W.P.(CRL) 50/2018
OM PRAKASH & ORS ..... Petitioners
Through : Mr.Kuldeep Yadav with Mr.Rahul Gupta, Advocates along with petitioners present in person.
VERSUS
STATE (NCT OF DELHI) & ANR ..... Respondents
Through : Mr.Mohit Sharma proxy counsel for Mr.Rajesh Mahajan, ASC.
Complainant/R-2 present in person along with her mother.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J. (ORAL)
CRL.M.A.No.312/2018 (Exemption)
JUDGMENT

1. Exemption allowed subject to all just exceptions.

2. The application stands disposed of. W.P.(CRL) 50/2018

1. Present petition has been filed under Article 226 of the Constitution of India r/w under Section 482 Cr.P.C. for quashing of FIR No.232/2006 under Sections 498A/406/34 IPC registered at Police 2018:DHC:158 W.P.(Crl.)50/2018 Station Mayur Vihar, Delhi. It is stated that the matter has been settled amicably with the complainant / respondent No.2 before the Mediation Centre, Karkardooma Courts, Delhi vide settlement agreement dated 23.01.2013.

2. Complainant / respondent No.2 is present along with her mother and has been identified by proxy counsel for ASC. I have enquired from the complainant if she has settled the dispute with the petitioners amicably without any fear or pressure. She has informed that all the disputes between the parties have been resolved amicably with her free consent and she has no objection to the quashing of the FIR in question. Marriage has been dissolved by mutual consent.

3. The petition is supported by affidavits of the parties. Copy of settlement agreement dated 23.01.2013 has been placed on record. Since the dispute between the parties has been settled, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties to settle in life after divorce, FIR No.232/2006 under Sections 498A/406/34 IPC registered at Police Station Mayur Vihar, Delhi and all the proceedings arising therefrom are quashed.

4. The petition stands disposed of accordingly.

S.P.GARG (JUDGE) JANUARY 08, 2018