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Rakesh & Ors. v. the State & Anr.

Delhi HC1 May 2018W.P.(CRL)/1301/2018

Case brief

AI extract

What is this about?

The High Court of Delhi quashed an FIR registered for offences under 498A IPC, 406 IPC, 34 IPC, and Sections 3, 4 D.P. Act. The petitioners relied on a settlement agreement, mutual consent divorce, and surrender of the settled amount, finding no useful purpose in continuing proceedings.

What did the court decide?

Quash FIR No.320/2016 and all proceedings arising therefrom in the interest of justice.

Rakesh & Ors. Vs the State & Anr. — Matrimonial and Divorce | Delhi HC (2018)

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$~42

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(CRL) 1301/2018

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RAKESH & ORS ..... Petitioners

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Through : Mr.S.C.Mittal, Advocate. versus THE STATE & ANR ..... Respondents Through : Mr.Jamal Akhtar, proxy counsel for Mr.Rahul Mehra, Standing Counsel Mohd.Nadeem, Advocate for R2 along with R2 in person. SI Ashwani, PS Jyoti Nagar.

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CORAM:

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HON'BLE MR. JUSTICE S.P.GARG

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O R D E R % 01.05.2018

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CRL.M.A.No. 7970/2018 (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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W.P.(CRL) 1301/2018

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Present writ petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for quashing of FIR No.320/2016 registered under Sections 498A/406/34 IPC and Sections 3/4 D.P.Act at PS Jyoti Nagar. It is stated that the matter has been settled amicably with the complainant / respondent No.2 before Delhi Mediation Centre, Karkardooma Courts, Delhi vide settlement agreement dated 14.03.2017.

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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

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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 ` 60,000/- by way of demand draft bearing No.000046 dated 03.04.2018 drawn on Ujjivan Small Finance 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 14.03.2017 has been placed on record. Since the matter has been settled between the parties and the divorce by mutual consent has already been granted, 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.320/2016 registered under Sections 498A/406/34 IPC and Sections 3/4 D.P.Act at PS Jyoti Nagar 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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MAY 01, 2018 / tr

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Rakesh & Ors. v. the State & Anr.

Case brief

What is this about?

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Rakesh & Ors. v. the State & Anr.

Case brief

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