Nalveer & Ors v. The State & Anr

Delhi High Court · 17 Nov 2016
S. P. Garg
CRL.M.C.1164/2016
criminal appeal_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498-A, 406, and 34 IPC based on an amicable settlement and divorce by mutual consent, exercising its inherent powers under Section 482 Cr.P.C.

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HIGH COURT OF DELHI
CRL.M.C.1164/2016
NALVEER& ORS Petitioners
Through : Mr.RishiPal Singh,Advocate along with petitioners presentin person.
VERSUS
THE STATE& ANR(N.C.T OF DELHI)
Respondent
Through: Mr.Kamal Kr.Ghei,APP.
A R-2/Complainant present with her mother.
SI Jaspal Singh,PS Vijay Vihar.
CRL.M.C.2883/2016
SHAKUNTLA Petitioner
Through: Mr.RishiPal Singh,Advocate along with petitioner presentin person.
VERSUS
STATE(NOT OF DELHI)& ANR Respondents
Through: Ms.Meenkshi Dahiya,APP.
'R-2/Complainant present with her mother.
4^ n SI Jaspal Singh,PS Vijay Vihar.
CORAM:
HON'BLE MR.JUSTICE S.P.GARG
17.11.2016
ORDER

(1) Present petitions under Section 482 Cr.P.C.have been preferred by the petitioners for quashing ofFIR No.0672/2013 under Sections 498-A/406/34 IPG registered at Police Station Vijay Vihar. It is. "stated that,the matter has been settled with the complainant/victim, amicably before Family Courts,Rohini.. Crl.M.C.1164/16&2883/16 Page 1 of[2] 2016:DHC:9048 n (2) Respondent No.2-complainant is present before the Court with her mother. The Investigating Officer present in the court has identified her. I have enquired from the complainant whether the matter has been settled with the petitioners amicably without fear and pressure. She has informed that the matter has been settled without any fear or pressure and she has no objection to the quashing ofthe FIR. It is informed that pursuant to the settlement demand draft bearing No.054295 dated 15.11.2016 for the sum of ?2,00,000/- of Bank ofBaroda has been handed over to the complainanttoday in the court.Divorce by mutual consent has been granted. (3) The petition is supported by the affidavits ofthe parties. Joint statements dated 02.02.2016 of petitioner No.l (Nalveer) and the complainant recording settlement between the parties before Principal Judge,Family Courts,Rohini, is on record. (4) Since the complainant/Respondent No.2 has voluntarily settled the dispute with the "petitioners, no useful purpose will be served to •continue with the proceedings.In the interest ofjustice and to put an end to the litigation and to enable the parties to settle in life after divorce, FIR No.0672/2013 under Sections 498-A/406/34 IPC registered at Police Station Vijay Vihar and all the proceedings emanating therefrom are quashed.- (5) The petitions are disposed ofaccordingly. ^ J.P.GARG,J.