Quashed

Naveen Verma v. State & Anr.

Delhi HC3 Aug 2016CRL.M.C./2768/2016

Case brief

AI extract

What is this about?

Petitioner sought quashing of an FIR under Sections 406/498-A/34 IPC alleging domestic violence. The respondent woman stated she had settled the matter, obtained divorce by mutual consent, and received the full settlement sum via court draft. The Court quashed the FIR and proceedings as no useful purpose would be served.

What did the court decide?

FIR No. 238/2009 under Sections 406/498-A/34 IPC registered at PS Punjabi Bagh, Delhi and proceedings pursuant thereto are quashed.

Naveen Verma Vs State & Anr. — Domestic Violence | Delhi HC (2016)

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$~25

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 2768/2016

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NAVEEN VERMA

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..... Petitioner Represented by: Mr. Himakshi Nanda, Adv. versus

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STATE & ANR.	Represented by:	..... Respondent Ms. Rajni Gupta, APP with SI Amit Kumar, PS Punjabi Bagh.
		Mr. Swastik Singh, Adv. for
		R-2 with R-2 in person.

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CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA

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O R D E R % 03.08.2016 Crl.M.A. 11790/2016

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Exemption allowed subject to just exceptions. CRL.M.C. 2768/2016

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By the present petition, the Petitioner seek quashing of FIR No. 238/2009 under Sections 406/498-A /34 IPC registered at PS Punjabi Bagh, Delhi on the complaint of Respondent No.2.

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Learned APP for the State on instructions from Investigating Officer states that besides the Petitioner there is no other accused involved in the FIR and besides Respondent No. 2 there is no other complainant/victim.

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page 1 of 2

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CRL.M.C. 2768/2016

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Respondent No. 2 is present in Court and is identified by her counsel and the Investigating Officer. She states that she has settled the matter with the Petitioners and divorce by mutual consent has already been granted between the petitioner No.1 and respondent No.2. In terms of the settlement a total sum of 3 lakhs is to be paid by the petitioner No.1 to the respondent No.2 of which she has already received a sum of 2 lakhs and the balance amount of `1 lakh has been received by her today in Court by way of demand draft No.’697236’ dated 25^th May, 2016 drawn on Punjab National Bank. She further states that she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

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In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

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Consequently, FIR No. 238/2009 under Sections 406/498-A /34 IPC registered at PS Punjabi Bagh, Delhi and proceedings pursuant thereto are hereby quashed.

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Parties have signed this order sheet in acknowledgment of their statements made before this Court.

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The petition is disposed of. Order dasti.

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MUKTA GUPTA, J.

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AUGUST 03, 2016 ‘ga’ CRL.M.C. 2768/2016

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Naveen Verma v. State & Anr.

Case brief

What is this about?

What did the court decide?

Naveen Verma v. State & Anr.

Case brief

What is this about?

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