Quashed

Ram Prakash Sharma & Ors. v. the Govt of NCT of Delhi & Anr.

Delhi HC15 Sept 2016CRL.M.C./1678/2016

Case brief

AI extract

What is this about?

The Court quashed an FIR under Sections 498A/406/34 IPC in a 482 petition after verifying that the aggrieved wife had voluntarily settled the matter amicably, the couple had divorced by mutual consent, and she had no objection to quashing the proceedings, though the petitioners were ordered to pay costs.

What did the court decide?

FIR No.40/14 and all proceedings therefrom under Sections 498-A/406/34 IPC registered at PS Nihal Vihar are quashed.

Ram Prakash Sharma & Ors. Vs the Govt of NCT of Delhi & Anr. — Domestic Violence | Delhi HC (2016)

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$~44

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 1678/2016 & Crl.M.A.7123/2016

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RAM PRAKASH SHARMA & ORS ..... Petitioners

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Through : Mr.Robin Singh Sirohi, Advocate.

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versus

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THE GOVT OF NCT OF DELHI & ANR ..... Respondents Through : Ms.Meenakshi Dahiya, APP. Ms.Pammi, Advocate, for the Complainant along with complainant/R-2 present in person. SI Dinesh Kumar, PS Nihal Vihar.

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CORAM: HON'BLE MR. JUSTICE S.P.GARG

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O R D E R

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% 15.09.2016

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(1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing of FIR No.40/14 under Sections 498A/406/34 IPC registered at Police Station Nihal Vihar. It is stated that the matter has been settled with the complainant/respondent No.2 amicably. Divorce by mutual consent has been granted.

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(2) Respondent No.2-complainant is present before the Court along with her counsel. The Investigating Officer present in the court has identified her. I have enquired from the complainant whether the matter has been settled with the petitioners amicably without fear and pressure. She has informed that the matter has been settled without CRL.M.C. 1678/2016 Page 1 of 2

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any fear or pressure and she has no objection to the quashing of the FIR.

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(3) The petition is supported by the affidavits of the parties. Settlement/Compromise deed dated 30.03.2015 signed by the parties is on record. Pursuant to the settlement demand draft bearing No.33708 dated 14.09.2014 drawn on Punjab Nation Bank for the sum of `50,000/- has been given to the complainant today in the court.

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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 and to enable the parties to settle after divorce, FIR No.40/14 under Sections 498-A/406/34 IPC registered at Police Station Nihal Vihar 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 National Relief Fund within two weeks. The Registry shall ensure the compliance of the order.

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(6) The petition and all pending application(s) stand disposed of accordingly.

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S.P.GARG, J.

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SEPTEMBER 15, 2016 / sa

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CRL.M.C. 1678/2016

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Ram Prakash Sharma & Ors. v. the Govt of NCT of Delhi & Anr.

Case brief

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Ram Prakash Sharma & Ors. v. the Govt of NCT of Delhi & Anr.

Case brief

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