Allowed

Sonu Bhardwaj & Ors. v. State ( Govt of NCT of Delhi ) & Anr.

Delhi HC18 Apr 2018W.P.(CRL)/1164/2018

Case brief

AI extract

What is this about?

This single judge order allowed and quashed an FIR registered under Sections 498A/406/34 IPC and subsequent proceedings. The court held that the parties had amicably settled the dispute before the Family Court, resulting in a divorce by mutual consent, and the complainant had received full settlement dues, making the continuance of proceedings contrary to the interest of justice.

What did the court decide?

FIR No. 554/2015 under Sections 498A/406/34 IPC and proceedings pursuant thereto quashed.

Sonu Bhardwaj & Ors. Vs State ( Govt of NCT of Delhi )… — Matrimonial and Divorce | Delhi HC (2018)

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75# $~

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* IN THE HIGH COURT OF DE	LHI AT NEW DELHI
+ W.P.(CRL) 1164/2018
SONU BHARDWAJ & ORS Represented by: versus	..... Petitioners Mr. Vaibhav Choudhary, Advocate with petitioners in person.
STATE (GOVT OF NCT OF DELH Represented by:	I) & ANR ..... Respondents Ms. Nandita Rao, Additional Standing Counsel for State with ASI Baljit Singh, PS Aman Vihar. Mr. Parveen Tyagi and Mr. Naveen Taneja, Advocates for respondent No.2 with respondent No. 2 in person.

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CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA

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O R D E R % 18.04.2018 Crl. M.A. No. 7066/2018 (Exemption)

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Allowed, subject to all just exceptions.

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W.P.(CRL) 1164/2018

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By the present petition the petitioners seek quashing of FIR No. 554/2015 under Sections 498A/406/34 IPC registered at PS Aman Vihar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

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Learned Additional Standing Counsel for the State on instructions from the Investigating Officer submits that in the above noted FIR the four W.P.(CRL) 1164/2018 Page 1 of 3

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petitioners are the only accused and the respondent No.2 is the only complainant/victim.

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Respondent No. 2 who is present in Court and is identified by the learned counsel and Investigating Officer states that she has settled the matter with the Petitioners before the Counselling Cell, Family Court, North West, Rohini on 9^th February, 2017. In terms of the settlement marriage between the Petitioner No.1 and Respondent No.2/complainant has been dissolved by a decree of divorce by mutual consent. As full and final settlement of all the claims, that is, maintenance, streedhan and alimony etc. of the Respondent No. 2, the Petitioner No.1 has to pay a sum of ₹2.50 lakhs to respondent No.2 out of which she has already received a sum of ₹1.50 lakhs and the balance amount of ₹1 lakhs has been received by her today in Court vide Demand Draft No.028240 dated 18^th April, 2018 drawn on Indian Bank, Noida. She further states that she has no claim whatsoever remaining against the petitioners. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto.

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Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties before the Counselling Cell, North West, Rohini, copy whereof is at pages 37 and 38 of the paperbook.

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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 W.P.(CRL) 1164/2018 Page 2 of 3

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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. 554/2015 under Sections 498A/406/34 IPC registered at PS Aman Vihar, 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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Petition is disposed of. Order dasti.

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MUKTA GUPTA, J.

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APRIL 18, 2018 ‘vn’

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Page 3 of 3

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W.P.(CRL) 1164/2018

Sonu Bhardwaj & Ors. v. State ( Govt of NCT of Delhi ) & Anr.

Case brief

What is this about?

What did the court decide?

Sonu Bhardwaj & Ors. v. State ( Govt of NCT of Delhi ) & Anr.

Case brief

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What did the court decide?

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