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Reading: Delhi HC: If the subject matter of FIR is essentially matrimonial, continuance of proceedings arising out of the FIR in question would be an exercise in futility
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Home » Blog » Delhi HC: If the subject matter of FIR is essentially matrimonial, continuance of proceedings arising out of the FIR in question would be an exercise in futility
Judgments

Delhi HC: If the subject matter of FIR is essentially matrimonial, continuance of proceedings arising out of the FIR in question would be an exercise in futility

By Tanay Akash 2 Min Read
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Delhi High Court (legaldesire.com)

Hon’ble Delhi High Court while dealing with the case of SIDDHARTH MAHAJAN & ORS. Vs. STATE & ANR here on 22-01-2019 stated that if the subject matter of this FIR is essentially matrimonial, which now stands mutually and amicably settled between parties; therefore, continuance of proceedings arising out of the FIR in question would be an exercise in futility.

BRIEF FACTS OF THE CASE

The petition was filed under Sec 482 of Code of Criminal Procedure,1973 for quashing of the First Information Report (FIR No. 811/2014) under Sections 498-A/406/34 of IPC registered at police station Geeta Colony, Delhi sought on the basis of Mediated Settlement of 27th June, 2017 reached between the parties.

It was further submitted that the dispute between the parties has been amicably resolved vide aforesaid Mediated Settlement of 27th June, 2017 and terms thereof have been fully acted upon submits that now no dispute with petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.

DECISION OF THE COURT

Hon’ble Delhi HC held that since the subject matter of this FIR is essentially matrimonial, which now stands mutually and amicably settled between parties; therefore, continuance of proceedings arising out of the FIR in question would be an exercise in futility.

Court further allowed the petition subject to cost of ₹10,000/- to be deposited by petitioners with Prime Minister’s National Relief Fund within four weeks.

Read the full Judgement Here

[embeddoc url=”http://lobis.nic.in/ddir/dhc/SUG/judgement/22-01-2019/SUG22012019CRLMM1612019.pdf” download=”all”]

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Tanay Akash January 23, 2019
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