FIR under Section 498-A IPC quashed in light of divorce and settlement between parties

Rohit Bhargava Vs State

Delhi HC

20/12/2018

Crl. MC No. 6528 of 2018

About/from the judgment:

The High Court quashed an FIR filed against the petitioners for offences punishable under Sections 498-A, 406 and 34 IPC.

 

Petition was filed seeking quashing of the FIR on the basis of mediated settlement between the parties. Jitender Gupta and Deepak Rohilla, Advocates representing the petitioners submitted that the dispute between the parties was matrimonial in nature which was amicably resolved in terms of mediated settlement dated 15-12-2018. It was also brought to notice of the Court that the parties had been divorced by mutual consent.

 

The High Court relied on Gian Singh v. State of Punjab, (2012) 10 SCC 303 where the Supreme Court had recognised the need of amicable resolution of disputes in cases like the present one. Inclined to allow the petition, the High Court observed, “Since the subject matter of this FIR is essentially matrimonial, which stands mutually and amicably settled between parties, therefore, the continuance of proceedings arising out of the FIR is question would be an exercise in futility.” Taking note of the mediated settlement between the parties and the fact that they have taken divorce by mutual consent, the Court quashed the FIR and proceedings emanating therefrom.

Read the Judgment

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