Supreme Court of India · 2009-02-06
Arjun Bahree & Ors vs State Of Nct,Delhi
- Court
- Supreme Court of India
- Petitioner
- Arjun Bahree & Ors
- Respondent
- State Of Nct,Delhi
- Bench
- Cyriac Joseph, Altamas Kabir
Judgment text excerpt
The Supreme Court quashed FIR No.139/2005 under Sections 498A/406/34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, following the rejection of a quashing application by the Delhi High Court. The Court held that the mutual consent of both parties, who were present and agreeable to the quashing, along with the State's non-objection, warranted the quashing of the FIR as a condition precedent for the mutual divorce proceedings under Section 13B(1) of the Hindu Marriage Act, 1955. The appeal was allowed, and the High Court's order was set aside.