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2021 Supreme(Del) 1685

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Gulshan Kumar & Ors. - Appellants
Versus
State & Anr. - Respondents
Crl M C No. 1454 of 2020; Crl M A No. 2047 of 2021, 5663 of 2020
Decided On : 18-02-2021

Advocates appeared:
Jyoti Srivastava, Advocate, Pradeep Kataria, Advocate, Panna Lal Sharma, Advocate

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.

Headnote:

Quashing - Matrimonial Dispute - The court quashed the FIR under Sections 498A/406/506/34 IPC as the matrimonial dispute between the parties had been amicably resolved through mediation and a decree of divorce had been granted.

Fact of the Case:

The marriage between the petitioner and respondent could not work due to temperamental differences, leading to a matrimonial dispute and the filing of FIR under Sections 498A/406/506/34 IPC.

Finding of the Court:

The court found that the matrimonial dispute had been amicably resolved through mediation and a decree of divorce had been granted, leading to the quashing of the FIR.

Issues: The main issue was the resolution of the matrimonial dispute and the acceptance of the terms of settlement by the parties involved.

Ratio Decidendi: The court's decision was influenced by the amicable resolution of the matrimonial dispute and the acceptance of the settlement terms by both parties, leading to the quashing of the FIR.

Final Decision: The court quashed the FIR under Sections 498A/406/506/34 IPC and disposed of the petition and pending application accordingly.

JUDGMENT

Suresh Kumar Kait, J. - Vide this petition, petitioners are seeking quashing of FIR No.216/2016, under Sections 498A/406/506/34 IPC, registered at police station Pandav Nagar, Delhi.

2. Notice issued.

3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is present in this Court and she has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present in the Court.

4. With the consent of the parties, the present petition is taken up for final hearing.

5. The marriage between petitioner No.1/husband and respondent No.2/wife was solemnized on 24.05.2015 and due to temperamental differences, the marriage could not work and they started living separately since 15.11.2015. The matrimonial dispute between the parties culminated into the FIR in question.

6. The present petition has been filed on the ground that the matrimonial dispute between petitioner No.1/husband and respondent No.2/wife has been amicably resolved through Delhi Mediation Centre and terms of settlement are recorded in the order dated 19.01.2019. It is stated that joint petition under Section 13 B(2) under the Hindu Marriage Act, 1955 has been allowed by the learned Principal Judge, Family Court, Karkardooma Courts, Delhi and decree of divorce has been granted on 29.01.2020.

7. Learned counsel for the petitioners submits that the terms of settlement have been acted upon and the balance amount of Rs.8,00,000/- by way of demand draft bearing No. 040614' dated 16.02.2021 has been handed over to respondent No.2 today in the Court, who has accepted the same.

8. Respondent No.2, who is the complainant of FIR in question, affirms that the terms of settlement have been fully acted upon and states that she has 'no objection' to the quashing of FIR in question.

9. Keeping in view that the dispute between the parties has been amicably resolved, this Court is inclined to quash the FIR in question, as no useful purpose would be served in continuing with the proceedings arising out of the present FIR.

10. For the reasons afore noted, FIR No.216/2016, under Sections 498A/406/506/34 IPC, registered at police station Pandav Nagar, Delhi and consequent proceedings emanating there-from against the petitioners, are hereby quashed.

11. The petition and pending application are accordingly disposed of.

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