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Habib Khan @ Sonu & Ors. v. the State of N.C.T of Delhi & Anr.

Delhi HC20 Sept 2016CRL.M.C./1065/2016

Case brief

AI extract

What is this about?

The Delhi High Court dismissed a petition under Section 482 Cr.P.C. to quash an FIR. The complainant voluntarily settled the dispute, paid the remaining sum, and had no objection to quashing. The FIR under provisions including Section 498A IPC was quashed, but petitioners were ordered to deposit costs.

What did the court decide?

FIR No.02/2013 under Sections 498A/406/34 IPC and all ensuing proceedings are quashed.

Habib Khan @ Sonu & Ors. Vs the State of N.C.T of Delhi & Anr. — Domestic Violence | Delhi HC (2016)

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$~6

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1065/2016

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HABIB KHAN @ SONU & ORS ..... Petitioners

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Through: Mr. Pramod K. Singh, Adv.

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versus

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THE STATE OF N.C.T OF DELHI & ANR ..... Respondents

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Through: Mr. Panna Lal Sharma, APP for the State alongwith ASI Suresh Kumar Tiwari, NE Zone PCR. Mr. Salim Malik, Adv. for R-2 along with R2 in person.

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CORAM:

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HON'BLE MR. JUSTICE S.P.GARG O R D E R

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% 20.09.2016

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(1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing of FIR No.02/2013 under Sections 498A/406/34 IPC registered at Police Station Crime (Women) Cell. It is stated that the matter has been settled with the complainant/respondent No.2 amicably before the Family Court Counseling Cell Vishwas Nagar, Delhi.

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(2) Respondent No.2-complainant is present before the Court along with her counsel. The Investigating Officer has identified her. I have enquired from the complainant whether the matter has been settled with the petitioner amicably without fear and pressure. She has informed that the matter has been settled without any fear or pressure

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and she has no objection to the quashing of the FIR. Pursuant to the settlement, remaining amount of `50,000/- in cash has been paid to the complainant today in the Court.

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(3) The petition is supported by the affidavits of the parties. Photocopies of Settlement/Compromise deed dated 09.09.2014 before Family Court is on record.

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(4) Since the complainant/Respondent No.2 has voluntarily settled the dispute with the petitioners, no useful purpose will be served to continue with the proceedings. In the interest of justice and to put an end to the litigation, FIR No.02/2013 under Sections 498A/406/34 IPC registered at Police Station Crime (Women) Cell and all the proceedings emanating therefrom are quashed.

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(5) The petitioners are, however, burdened with costs of `15,000/to be deposited with Prime Minister Relief Fund within two weeks. The Registry shall ensure the compliance of the order.

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(6) The petition is disposed of accordingly.

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S.P.GARG, J

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SEPTEMBER 20, 2016/ssc

Habib Khan @ Sonu & Ors. v. the State of N.C.T of Delhi & Anr.

Case brief

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What did the court decide?

Habib Khan @ Sonu & Ors. v. the State of N.C.T of Delhi & Anr.

Case brief

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What did the court decide?

What the court decided

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