Quashed

Abhishek Gupta & Anr. v. State & Anr.

Delhi HC5 Sept 2016CRL.M.C./3211/2016

Case brief

AI extract

What is this about?

This order quashes an FIR registered for offences under Sections 323, 354, 509, and 34 IPC in a matrimonial dispute. The petitioner obtained the settlement with the complainant amicably, and the court held no useful purpose in continuing proceedings post-divorce, directing the deposit of costs.

What did the court decide?

FIR No. 789/14 and all proceedings therefrom quashed; petitioners directed to deposit Rs. 20,000 with Prime Minister National Relief Fund.

Abhishek Gupta & Anr. Vs State & Anr. — Matrimonial and Divorce | Delhi HC (2016)

¶1

$~47

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CRL.M.C. 3211/2016 & Crl.M.A.13711/2016

¶4

ABHISHEK GUPTA & ANR ..... Petitioners

¶5

Through : Mr.Harshit Jain, Advocate.

¶6

versus

¶7

STATE & ANR ..... Respondents Through : Mr.Kamal Kr.Ghei, APP. Mr.Dinesh Yadav, Advocate, for R-2 along with R-2/complainant present in person. W/SI Vandana, PS Kirti Nagar.

¶8

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

¶9

O R D E R % 05.09.2016

¶10

(1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing of FIR No.789/14 under Sections 323/354/509/34 IPC registered at Police Station Kirti Nagar. It is stated that the matter has been settled with the complainant/respondent No.2 amicably.

¶11

(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

¶12

CRL.M.C. 3211/2016

¶13

Page 1 of 2

¶14

pressure. She has informed that the matter has been settled without any fear or pressure before the Mediation Centre, Tis Hazari Courts and the terms and conditions of the settlement have been complied with. She has no objection to the quashing of the FIR.

¶15

(3) The petition is supported by the affidavits of the parties. Mediation Report dated 29.05.2015 signed by the parties is on record. (4) Petitioner No.1 and respondent No.2 were married on 23.01.2014. Divorce by mutual consent has taken place. 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 them to settle in life after divorce, FIR No.789/14 under Sections 323/354/509/34 IPC registered at Police Station Kirti Nagar and all the proceedings emanating therefrom are quashed.

¶16

(5) The petitioners are, however, burdened with costs of ` 20,000/to be deposited with Prime Minister National Relief Fund within two weeks. The Registry shall ensure the compliance of the order.

¶17

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

¶18

S.P.GARG, J

¶19

SEPTEMBER 05, 2016 / sa

¶20

CRL.M.C. 3211/2016

¶21

Page 2 of 2

Abhishek Gupta & Anr. v. State & Anr.

Case brief

What is this about?

What did the court decide?

Abhishek Gupta & Anr. v. State & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vivek Rathore @ Sonu Vs Sanjeet and Ors.

Dhiraj Sharma & Anr. Vs State & Anr.

Saurabh Vs State & Ors.

Naresh Vs State

Sunny @ Kunal Vs State

Ajay Singh Vs State & Anr.