Quashed

Kamal Sehdev & Ors. v. State (Nct of Delhi) & Anr.

Delhi HC14 Feb 2017CRL.M.C./612/2017

Case brief

AI extract

What is this about?

The Delhi High Court, via Single Judge S.P. Garg, quashed an FIR registered under Sections 498-A/406 IPC after the complainant affirmed the matter was settled amicably without pressure and a divorce by mutual consent was granted.

What did the court decide?

FIR No.162/2012 under Sections 498-A/406 IPC and all proceedings emanating therefrom were quashed. Pending applications stand disposed of.

Kamal Sehdev & Ors. Vs State (Nct of Delhi) & Anr. — Matrimonial and Divorce | Delhi HC (2017)

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$~49

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 612/2017 & Crl.M.A.2633/2017

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KAMAL SEHDEV & ORS.

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..... Petitioners

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Through : Mr.R.B.Upadhyay, Advocate along with petitioners present in person.

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versus

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STATE (NCT OF DELHI) & ANR.

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..... Respondents Through : Ms.Manjeet Arya, APP. Ms.Vandana Bhati, Advocate along with complainant/R-2 present in person. SI Rakesh Rana, PS Bharat Nagar.

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

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O R D E R % 14.02.2017

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(1) Present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing of FIR No.162/2012 under Sections 498-A/406 IPC registered at Police Station Bharat Nagar. It is stated that the matter has been settled with the complainant/victim amicably before Family Courts (West), Tis Hazari Courts.

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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

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CRL.M.C. 612/2017

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Page 1 of 2

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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 any fear or pressure and she has no objection to the quashing of the FIR. It is informed that pursuant to the settlement demand draft bearing No.784050 dated 06.02.2017 for the sum of `2,50,000/drawn on Punjab National Bank has been handed over to the complainant today in the court. Divorce by mutual consent has been granted.

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(3) The petition is supported by the affidavits of the parties. Order dated 03.03.2016 of Family Court (West), Tis Hazari Courts, recording settlement between the parties 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 and to enable the parties to settle in life after divorce, FIR No.162/2012 under Sections 498-A/406 IPC registered at Police Station Bharat Nagar and all the proceedings emanating therefrom are quashed.

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

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S.P.GARG, J.

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FEBRUARY 14, 2017/ sa

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CRL.M.C. 612/2017

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Kamal Sehdev & Ors. v. State (Nct of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Kamal Sehdev & Ors. v. State (Nct of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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