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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Honey Gupta - Appellant
Versus
State - Respondent
Crl.M.C. 3039 of 2022
Decided On : 02-12-2022




High Court may quash FIRs if parties settle amicably and the statement is made voluntarily without coercion, ensuring no public interest is compromised.

Headnote:(A) Indian Penal Code, 1860 - Sections 498-A, 406, and 34 - Mutual divorce petition - Respondent married appellant on 19th July, 2018, divorced on 31st March, 2022 - MoU settlement of Rs.14,00,000/-; Rs.8,00,000/- paid, remaining Rs.6,00,000/- settled via demand draft - Respondent voluntarily states no objection to quashing FIR and proceedings - Court quashed FIR and proceedings based on voluntary statement by respondent. (Paras 1-2)

(B) Quashing of FIR - High Court can quash FIR if parties amicably settle and there is no public interest in continuing proceedings. (Paragraph 2)

(C) Dismissal of petitions - Courts dispose of cases where mutual consent and voluntary statements exist among parties.

Table of Content
1. mutual consent for divorce and settlement (Para 1)
2. quashing of fir based on consent (Para 2)
3. disposal of the petition (Para 3)

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--Statement of Respondent No.2/Ms.Neha Gupta has been recorded separately wherein she has stated that she was married to Honey Gupta on 19th July, 2018. However, the marriage could not succeed and mutual divorce petition was filed and decree of divorce was granted vide order dated 31st March, 2022 by the Principal Judge, Family Court-03, North District, Rohini, Delhi. She has further stated that during the divorce proceedings, she along with the petitioners have entered into a MoU dated 24th November, 2021. As per the MoU settlement, her husband/petitioner No.1 had to pay Rs.14,00,000/- towards full and final settlement of the entire dispute and she has already been paid Rs.8,00,000/-. Remaining sum of Rs.6,00,000/- has been received by way of a Demand Draft bearing No.504819 dated 28.03.2022 drawn on ICICI Bank. She has stated that she has no objection if FIR No.718/2019 U/s 498 A/406/34 IPC registered at P.S. Bindapur and all other proceedings emanating therefrom are quashed. She has stated that she is making the statement voluntarily against all claims (past, present and future) without any fear, undue influence or coercion.

2. In view of the statement of respondent no.2/Ms.Neha Gupta recorded separately, the case FIR No.718/2019 U/s 498-A/406/34 IPC registered at P.S. Bindapur and all the proceedings emanating therefrom are quashed.

3. The present petition stands disposed of.

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