Allowed

Asmir Ali v. State of NCT of Delhi & Anr.

Delhi HC6 Feb 2017CRL.M.C./453/2017

Case brief

AI extract

What is this about?

The Delhi High Court allowed a petition under Section 482 Cr.P.C. to quash FIR Nos. 240/2005. The court noted that the dispute was settled amicably with a payment of Rs. 3 lacs made by the petitioner to the complainant. Finding no useful purpose in continuing proceedings, the FIR and all arising proceedings were quashed.

What did the court decide?

Quashing of FIR No. 240/2005 registered under Sections 498A/306/34 IPC at PS Paschim Vihar and all proceedings arising therefrom.

Asmir Ali Vs State of NCT of Delhi & Anr. — Domestic Violence | Delhi HC (2017)

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$~63

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 453/2017

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ASMIR ALI ..... Petitioner

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Through : Mr.Sanjay Gupta, Advocate along with petitioner in person.

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versus

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STATE OF NCT OF DELHI & ANR ..... Respondents Through : Mr.Kamal K.Ghei, APP with Insp.Madhav Krishna, PS Paschim Vihar. Mr.Sandeep, Advocate for R2 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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% 06.02.2017

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CRL.M.A.No.2031/2017 (Exemption)

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Exemption allowed subject to all just exceptions.

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The application stands disposed of.

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CRL.M.C. 453/2017 & CRL.M.A.No.2032/2017 (Stay)

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Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.240/2005 registered under Sections 498A/306/34 IPC at PS Paschim Vihar. It is informed that the FIR No.240/2005 was earlier registered under Sections 498A/306/406/34 IPC at PS Paschim Vihar. However, the petitioner has already been discharged by the Sessions Court for offences under Sections 306/406 IPC and at present he is facing trial only under Section 498A IPC. It is stated CRL.M.C. 453/2017 page 1 of 2

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page 1 of 2

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that the matter has been settled amicably with the complainant / respondent No.2 before the Mediation Centre, Tis Hazari Courts, Delhi vide settlement agreement dated 08.12.2016. Pursuant to the settlement, remaining amount of ` 3 lacs by way of demand draft bearing No.111396 dated 23.01.2017 drawn on Canara Bank has been given to the complainant in the Court today. Copy of which has been placed on record.

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Complainant / respondent No.2 is present with counsel and has been identified by the Investigating Officer. I have enquired from the complainant if she has settled the dispute with the petitioner amicably without any fear or pressure. She has informed that all the disputes between the parties have been resolved amicably with her free consent and she has no objection to the quashing of the FIR in question.

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The petition is supported by affidavits of the parties. Copy of settlement agreement dated 08.12.2016 has been placed on record. Since the dispute between the parties has been settled, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties to put an end to the litigation, FIR No.240/2005 registered under Sections 498A/306/34 IPC at PS Paschim Vihar and all the proceedings arising therefrom are quashed.

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The petition stands disposed of accordingly. Pending application also stands disposed of.

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FEBRUARY 06, 2017 / tr CRL.M.C. 453/2017

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S.P.GARG, J

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page 2 of 2

Asmir Ali v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Asmir Ali v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

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