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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Paras Mani Thapliyal & Ors. - Appellants
Versus
Govt Of NCT Delhi & Anr. & Ors. - Respondents
Criminal Miscellaneous Case No. 308 of 2021; Criminal Miscellaneous Appeal No. 1576 of 2021
Decided On : 03-02-2021
Quashing - Matrimonial Dispute - The court quashed the FIR under Sections 498A/406/34 IPC as the parties had amicably settled their dispute through a Settlement Agreement, and the complainant had received the settlement amount.
Fact of the Case:
The marriage between the parties had ended in a dispute leading to the filing of FIR under Sections 498A/406/34 IPC. The parties later settled their dispute through a Settlement Agreement.
Finding of the Court:
The court found that the parties had amicably resolved their matrimonial dispute and had complied with the terms of the Settlement Agreement. As a result, the court decided to quash the FIR and the consequent proceedings.
Issues: The main issue was whether the court should quash the FIR and the consequent proceedings in light of the amicable settlement reached by the parties.
Ratio Decidendi: The court's decision was influenced by the amicable resolution of the matrimonial dispute through a Settlement Agreement and the complainant's affirmation of having received the settlement amount.
Final Decision: The court allowed the petition and quashed the FIR under Sections 498A/406/34 IPC, along with the consequent proceedings. The pending application was also disposed of.
JUDGMENT
Suresh Kumar Kait, J. - The hearing has been conducted through video conferencing.
1. Vide the present petition, petitioners are seeking quashing of FIR No.141/2019, under Sections 498A/406/34 IPC, registered at police station Moti Nagar, New Delhi and all other proceedings arising therefrom.
2. Notice issued.
3. Mr. Izhar Ahmed, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is present through video conference and she has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present through video conferencing.
4. With the consent of the parties, the present petition is taken up for final hearing.
5. The marriage between petitioner No.1 and respondent No.2 was solemnized on 24.06.2012 and due to temporal differences, the marriage could not work and they started living separately since August, 2017. The dispute between the parties culminated into the FIR in question.
6. The present petition has been filed on the ground that the parties have amicably settled their dispute in terms of SettlementAgreement dated 17.08.2019 reached through Counselling Cell, Tis Hazari Courts, Delhi. It is stated that the terms of the settlement have already been complied and in terms thereof, balance amount of Rs.05 lacs has been paid to respondent No.2/complainant on 02.02.2021.
7. Respondent No.2 present through video conferencing has affirmed factum of having received the entire settlement amount and she submits she has no objection to the quashing of FIR in question.
8. Keeping in view that the matrimonial 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.
9. For the reasons afore noted, FIR No.141/2019, under Sections 498A/406/34 IPC, registered at police station Moti Nagar, New Delhi and consequent proceedings emanating therefrom are quashed.
10. The petition is accordingly allowed and disposed of.
11. Pending application also stand disposed of.
12. The order be uploaded on the website of this Court forthwith.
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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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