Allowed

Harish Kumar & Ors. v. State (Nct of Delhi) & Anr.

Delhi HC20 Feb 2017CRL.M.C./710/2017

Case brief

AI extract

What is this about?

The petitioner sought quashing of an FIR under Sections 498A/406 IPC based on an amicable settlement and divorce by mutual consent. The court confirmed the dispute was settled without pressure and the remaining amount was paid. Consequently, all proceedings arising from the FIR were quashed.

What did the court decide?

FIR No.322/2015 registered u/s 498A/406 IPC at PS Jahangir Puri and all proceedings arising therefrom are quashed.

Harish Kumar & Ors. Vs State (Nct of Delhi) & Anr. — Domestic Violence | Delhi HC (2017)

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$~64

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 710/2017

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HARISH KUMAR & ORS ..... Petitioners Through : Ms.Annu Sharma, Advocate along with petitioners in person. versus STATE (NCT OF DELHI) & ANR ..... Respondents Through : Mr.Kamal K.Ghei, APP with SI Jasmer Singh, PS Jahangirpuri. Mr.Ashish Goel, Advocate for the complainant along with complainant in person.

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CORAM: HON'BLE MR. JUSTICE S.P.GARG O R D E R

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% 20.02.2017

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CRL.M.A.No.3015/2017 (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. 710/2017

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Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.322/2015 registered under Sections 498A/406 IPC at PS Jahangir Puri. It is stated that the matter has been settled amicably with the complainant / respondent No.2 before the Principal Judge (North-West), Family Courts, Rohini, Delhi, vide settlement agreement dated 03.11.2016.

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Complainant / respondent No.2 is present with counsel and has CRL.M.C. 710/2017 page 1 of 2

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been identified by the Investigating Officer. I have enquired from the complainant if she has settled the dispute with the petitioners 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. Divorce by mutual consent has already been granted. Pursuant to the settlement, remaining amount of ` 1 lac by way of demand draft bearing No.369603 dated 17.02.2017 drawn on Canara Bank has been given to the complainant in the Court today.

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The petition is supported by affidavits of the parties. Copy of settlement agreement dated 03.11.2016 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 settle in life after divorce, FIR No.322/2015 registered under Sections 498A/406 IPC at PS Jahangir Puri and all the proceedings arising therefrom are quashed.

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The petition stands disposed of accordingly.

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S.P.GARG, J.

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FEBRUARY 20, 2017 / tr

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page 2 of 2

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CRL.M.C. 710/2017

Harish Kumar & Ors. v. State (Nct of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Harish Kumar & 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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