SURESH KUMAR KAIT
Shabaz – Appellant
Versus
State – Respondent
JUDGMENT
Suresh Kumar Kait, J. - Quashing of FIR No. 125/2020, under Sections 498-A/406/34 IPC, registered at police station Shaheen Bagh, Delhi is sought on the ground that the matrimonial dispute between the parties stands amicably resolved in terms of Memorandum of Understanding dated 28.01.2021 and that divorce as per muslim law has been obtained by the parties.
2. Notice.
3. Ms. Kamna Vohra, learned Additional Standing Counsel for the respondent/State accepts notice and submits that respondent No.2/ complainant of this FIR, is present through video conferencing and she has been duly identified by the Investigating Officer of this case, who is also present through video conferencing.
4. Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved in terms of Memorandum of Understanding dated 28.01.2021 and she has received the entire settled amount from petitioners and that divorce as per muslim law has been obtained by the parties. Respondent No.2 submits that now no grievance against petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.
5. Since the matrimonial dispute stands amicably
The central legal point established in the judgment is that the amicable resolution of a matrimonial dispute and the obtaining of divorce as per Muslim law can lead to the quashing of FIR and proceed....
The court can quash an FIR when the underlying matrimonial dispute is amicably resolved between the parties and no grievance remains.
The central legal point established in the judgment is the court's authority to quash FIR and consequent proceedings arising from a matrimonial dispute when the parties have amicably resolved the dis....
The amicable settlement of a matrimonial dispute, as evidenced by a Memorandum of Understanding-cum-Compromise Deed and the affirmation of the complainant, can be a basis for quashing FIR and proceed....
The amicable settlement of a matrimonial dispute through mediation and the grant of a decree of divorce can be grounds for quashing FIR and consequent proceedings under relevant sections of the India....
The central legal point established in the judgment is that an amicable settlement of a matrimonial dispute, resulting in the grant of a decree of divorce, can be a valid ground for quashing the FIR ....
Quashing of an FIR is warranted when parties amicably settle their matrimonial dispute, supported by a mutual consent divorce.
The amicable resolution of a matrimonial dispute through mediation and the acceptance of settlement terms can lead to the quashing of FIR under relevant sections of the IPC.
The central legal point established in the judgment is that the court may quash an FIR and consequent proceedings if the parties have amicably settled their dispute and complied with the terms of the....
The central legal point established in the judgment is the court's authority to quash FIR and proceedings under Sections 498A/406/34 IPC when the matrimonial dispute has been amicably resolved and no....
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