SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img



IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Harshit Nandrajog - Appellant
Versus
State - Respondent
Crl.M.C. 6433 of 2022
Decided On : 01-12-2022




A voluntary settlement reached through mediation between parties serves as a basis for quashing criminal proceedings under IPC sections related to matrimonial disputes.

Headnote:(A) Indian Penal Code, 1860 - Sections 498-A, 406, and 34 - Quashing of FIR - Parties settled disputes at Delhi Mediation Centre, confirmed by statements made in court - Settlement was voluntary without any duress or coercion - FIR and all consequential proceedings quashed. (Paras 1, 2, 6, 7)

Facts of the case:
The petition was filed to quash FIR No.312/2021 under sections related to matrimonial disputes, with both parties confirming a settlement made on 14th October, 2022, at the Delhi Mediation Centre.

Findings of Court:
The court found that the parties have reconciled and are living together, leading to the decision to quash the FIR and all related proceedings.

Issues: The central issue revolved around the validity and voluntariness of the settlement made between the parties regarding their disputes.

Ratio Decidendi: The court highlighted the importance of voluntary settlement as a basis for quashing proceedings, affirming that once disputes are resolved amicably, continuation of criminal proceedings is unwarranted.

Result: FIR and all consequential proceedings quashed.

Table of Content
1. settlement between parties voiding earlier disputes (Para 1 , 2 , 3 , 5 , 6)
2. request for quashing of fir (Para 4)
3. court quashes fir based on settlement (Para 7 , 8)

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed for quashing of FIR No.312/2021 registered with PS Geeta Colony under Sections 498-A/406/34 IPC.

2. Both the parties state that pursuant to the settlement as recorded at Delhi Mediation Centre, Karkardooma Courts, Delhi dated 14th October, 2022, they have settled all their disputes and differences and they will live together without any problems.

3. The Investigating Officer of the case is present and has identified the petitioners and the respondent No.2 He has further testified to the effect that the respondent no.2 and the petitioners are living together.

4. The prayer has been made for quashing of the proceedings in FIR No.312/2021 registered with PS Geeta Colony under Sections 498-A/406/34 IPC.

5. Settlement dated 14th October, 2022 arrived at Delhi Mediation Centre, Karkardoom Courts, Delhi which has been placed on record.

6. Ms. Shweta Nandrajog-respondent No.2 has affirmed the factum of the settlement as recorded at Delhi Mediation Centre Karkardoom Courts, Delhi dated 14th October, 2022 between her and the petitioners and states that settlement has been done voluntarily of her own accord without any duress, coercion or undue influence. She does not oppose the prayer made by the petitioners seeking the quashing of the FIR nor does she want them to be punished in relation thereto.

7. In view thereof, FIR No.312/2021 registered with PS Geeta Colony under Sections 498-A/406/34 IPC, 1860 and all consequential proceedings emanating therefrom against the petitioners are thus quashed.

8. Accordingly, the petition is disposed of accordingly.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top