Quashed

Gaurav Sharma & Ors. v. the State (Gnct of Delhi)& Anr.

Delhi HC10 Apr 2018W.P.(CRL)/279/2018

Case brief

AI extract

What is this about?

This order quashes an FIR and related proceedings under Sections 498A/406/34 IPC because the parties, represented by the State, petitioners, and a settled divorce decree, have resolved matrimonial disputes amicably without coercion. Deposition of the petitioner and respondent Nos. 1 and 2 in the order were considered.

What did the court decide?

FIR No. 692/2015 registered under Sections 498A/406/34 IPC and the subsequent proceedings were quashed.

Gaurav Sharma & Ors. Vs the State (Gnct of Delhi)& Anr. — Matrimonial and Divorce | Delhi HC (2018)

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$~41

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 279/2018

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GAURAV SHARMA & ORS

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..... Petitioner Represented by: Ms. Saraswati Bhardwaj, Adv.

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versus

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THE STATE (GNCT OF DELHI)& ANR

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	.....	Respondent
Represented by:	Ms. Kamna Vohra,	ASC with
	SI Ravinder PS Jafr	abad.
	Mr. Ankur Sharma,	Adv. for
	R-2 with R-2 in per	son.

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CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA

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O R D E R % 10.04.2018

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By the present petition the petitioners seek quashing of FIR No. 692/2015 under Sections 498A/406/34 IPC registered at PS Jafrabad, 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 Investigating Officer submits that though in the FIR 9 accused were arrayed however charge-sheet has been prepared only against 4 petitioners who have been impleaded in the present case and the other 5 accused are not being charge-sheeted and she further states that respondent No.2 is the only complainant/ victim. W.P.(CRL) 279/2018 page 1 of 3

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page 1 of 3

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Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matter with the Petitioners before the Principal Judge, Family Courts Shahdara, Karkardooma Courts. In terms of the settlement divorce by mutual consent has been granted between the petitioner No.1 and respondent No.2. In lieu of her claims of maintenance, istridhan, alimony, etc., petitioners are to pay a sum of ₹3,10,000/- out of which she has already received ₹2 lakhs and the balance amount of ₹1,10,000/- has been paid to her today in Court by way of demand draft No. ‘306952’ drawn Central Bank of India. She states that she has now no claim against the petitioners and does not wish 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.

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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 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. 692/2015 under Sections 498A/406/34 IPC registered at PS Jafrabad, Delhi and proceedings pursuant thereto are hereby quashed.

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W.P.(CRL) 279/2018

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page 2 of 3

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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 10, 2018 ‘ga’

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page 3 of 3

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W.P.(CRL) 279/2018

Gaurav Sharma & Ors. v. the State (Gnct of Delhi)& Anr.

Case brief

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What did the court decide?

Gaurav Sharma & Ors. v. the State (Gnct of Delhi)& Anr.

Case brief

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