Allowed

Kuldeep Singh Dudi & Ors. v. NCT of Delhi& Ors.

Delhi HC16 May 2018CRL.M.C./2616/2018

Case brief

AI extract

What is this about?

The Court quashed an FIR registered under Sections 354, 354B, 506, 509, and 34 IPC arising from matrimonial discord. Considering the parties had settled disputes, were divorced by mutual consent, and the complainant did not wish to prosecute, proceedings were deemed futile.

What did the court decide?

FIR No.504/2015 and consequent proceedings under Sections 354/354B/506/509/34 IPC are quashed.

Kuldeep Singh Dudi & Ors. Vs NCT of Delhi& Ors. — Matrimonial and Divorce | Delhi HC (2018)

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$~110

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 2616/2018

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KULDEEP SINGH DUDI & ORS ..... Petitioners

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Through Mr. Surender Singh, Advocate.

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versus NCT OF DELHI & ORS. ..... Respondents Through Mr. Raghuvinder Varma, APP for State. Mr. Y.P. Singh with Mr. Rohan and Mr. Sandeep, Advocates for respondent No.2. SI Anita, PS Babahari Das Nagar.

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CORAM: HON'BLE MR. JUSTICE SANJEEV SACHDEVA O R D E R % 16.05.2018

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Crl.M.A.9283/2018 (exemption)

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Exemption is allowed subject to all just exceptions.

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CRL.M.C. 2616/2018

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The petitioner seeks quashing of FIR No.504/2015 under Sections 354/354B/506/509/34 IPC, Police Station Baba Haridas Nagar, based on a settlement.

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The subject FIR emanates out of matrimonial discord. Petitioner No.1 is the husband of respondent No.2/complainant. Petitioner No.2 is the sister-in-law of the respondent No.2. Petitioner

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CRL.M.C. 2616/2018

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Page 1

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No.3 is the brother-in-law of the respondent No.2.

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Learned counsel for the petitioners submits that the parties have settled their disputes and terms of settlement are recorded in judgment dated 02.01.2018 of the Family Court. The parties have already been divorced by way of a decree of divorce by mutual consent, passed on 02.01.2018. It is submitted that another FIR No.65/2016 under Sections 406/498A/34 IPC, Police Station Baba Haridas Nagar, registered on the complaint of the respondent No.2, has also been quashed by order of today’s date in W.P.(Crl.) 1504/2018.

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Learned counsel for the parties submit that as per the settlement, all obligations have been duly performed by the respective parties.

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The respondent No.2 is present in person, represented by counsel and identified by the IO. She submits that she has settled her disputes with the petitioners and does not wish to press charges against the petitioners and prosecute the complaint any further.

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In view of the fact that the proceedings emanate out of a matrimonial discord and the parties have fully and finally settled their disputes and the respondent No.2 has stated that she does not wish to press the complaint any further and the fact that the parties have already been divorced by way of a decree of divorce by mutual consent, passed on 02.01.2018, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored;

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CRL.M.C. 2616/2018

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Page 2

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securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating there from.

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Accordingly, the petition is allowed. FIR No.504/2015 under Sections 354/354B/506/509/34 IPC, Police Station Baba Haridas Nagar and the consequent proceedings emanating there from are quashed.

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Order Dasti under the signatures of the Court Master.

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SANJEEV SACHDEVA, J

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MAY 16, 2018 st

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CRL.M.C. 2616/2018

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Kuldeep Singh Dudi & Ors. v. NCT of Delhi& Ors.

Case brief

What is this about?

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Kuldeep Singh Dudi & Ors. v. NCT of Delhi& Ors.

Case brief

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