Del. HC: If Accused Discharged/Acquitted under PMLA, Properties Attached Shall be Released  ||  Bom. HC: For Issuing Reopening Notice After Three Years, Sanctioning Authority has to be PCCIT  ||  Del. HC: Delhi Govt. to Frame Policy for Compensation to Victims of Chinese Manjha  ||  Del HC: Stay on Delhi Govt’s Circular Asking Private Unaided Schools to Get Sanction Before Fee Hike  ||  SC: Stamp Duty Can be Imposed by State on Insurance Policies Executed Within State  ||  SC: IO to Make Clear & Complete Entries in Chargesheet, Role Played by Each Accused to be Mentioned  ||  Madras High Court: Guidelines Issued to Eradicate Manual Scavenging  ||  Ker. HC: Payment of Interest Can’t be Reviewed or Added While Enforcing Foreign Award  ||  Del. HC: ED Cannot Invoke Section 50 of PMLA Against Citizens Who Aren’t Suspects  ||  SC: Without Examining Lawfulness of 'Minutes of Order' Filed by Advocates, Orders Cannot be Passed    

Md. Aasif & Ors. Vs. State Of NCT Of Delhi & Anr. - (High Court of Delhi) (17 Apr 2023)

Cases arising out of matrimonial differences should be put to quietus, if the parties have arrived upon a genuine settlement

MANU/DE/2549/2023

Criminal

The present petition has been filed seeking quashing of FIR under Sections 498A/406/34 of Indian Penal Code, 1860 (IPC). The marriage between Petitioner No. 1 and Respondent no. 2/complainant was solemnized on 5th April, 2010 as per Muslim rites and rituals. No child was born out of this wedlock. Thereafter owing to temperamental differences both parties started residing separately. Consequently, Respondent No. 2/complainant lodged the present FIR against the Petitioners, the chargesheet has not been filed in the present case.

The petitioners and the complainant/respondent no. 2 are present before this court in person and have been duly identified by the IO. Respondent No. 2 states that she has entered into the settlement voluntarily out of her own free will, without any fear, force or coercion. Since the terms and conditions of the settlement have complied, she has no objection if the present FIR and all criminal proceedings emanating therefrom are quashed.

Since the dispute between the parties has been settled, continuance of proceedings in FIR under Sections 498A/406/34 of IPC would serve no useful purpose and may cause prejudice to the petitioner and be an exercise in futility. The chances of conviction would also be bleak and remote, given that the parties do not wish to pursue the present complaint on account of the settlement. It has been stated that Respondent no. 2 has already withdrawn the complaint under Section 12 of DV Act on 15.11.2022.

There is no reason to reject the settlement. It is better to put a quietus to the dispute in view of the settlement deed arrived at between the parties voluntarily without any force, fear or coercion. The Supreme Court and this Court have time and again held that, cases arising out of matrimonial differences should be put to quietus if the parties have arrived upon a genuine settlement. In view of facts and circumstances of the case and to prevent abuse of the power of the Court and secure the ends of justice, the FIR under Sections 498A/406/34 of IPC and all criminal proceedings emanating therefrom are quashed. Petition disposed off.

Tags : SUPREME COURT   SARFAESI ACT   DISCRETION OF LOWER COURT  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved