Quashed

Mohit Gupta & Ors. v. the State (Govt. of NCT of Delhi) & Anr.

Delhi HC8 Mar 2018W.P.(CRL)/719/2018

Case brief

AI extract

What is this about?

The High Court of Delhi quashed FIR No. 306/2016 under Sections 498A, 406, and 34 IPC and subsequent proceedings. The court found that the petitioners and the complainant had settled their differences amicably at the Delhi Mediation Centre, with the divorce by mutual consent finalized and all claims for maintenance and alimony settled and paid.

What did the court decide?

FIR No. 306/2016 and proceedings pursuant thereto are quashed against all accused.

Mohit Gupta & Ors. Vs the State (Govt. of NCT of… — Matrimonial and Divorce | Delhi HC (2018)

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$~53

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(CRL) 719/2018 MOHIT GUPTA & ORS ..... Petitioners Represented by: Mohd. Atif and Mr. Rajendra Singh, Advocates with petitioners in person.

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versus THE STATE (GOVT. OF NCT OF DELHI) & ANR ..... Respondent Represented by: Ms. Kamna Vohra, ASC with SI Anita, PS Paschim Vihar. Mr. Navit Bansal, Advocate for complainant/R-2 with respondent No. 2 in person.

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CORAM:

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HON'BLE MS. JUSTICE MUKTA GUPTA

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O R D E R

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% 08.03.2018

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Crl.M.A. No. 4369/2018 (Exemption)

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Allowed, subject to all just exceptions.

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W.P.(CRL) 719/2018

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By the present petition the petitioners seek quashing of FIR No. 306/2016 under Sections 498A/406/34 IPC registered at PS Paschim 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 submits that in the above noted FIR the three 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 W.P.(CRL) 719/2018 page 1 of 3

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learned counsel and Investigating Officer states that she has settled the matter with the Petitioners before the Delhi Mediation Centre, Tis Hazari Courts on 24^th September, 2016, copy of which order is placed on record at pages 45 to 52 of the paper book. 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 ₹12,50,000/- to respondent No.2 out of which she has already received a sum of ₹10,50,000/- and the balance amount of ₹2 lakhs has been received by her today in Court vide Demand Draft No. 009334 drawn on HDFC Bank dated 3^rd March, 2018. 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. She also states that she will abide by the terms of settlement.

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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 Delhi Mediation Centre, Tis Hazari Courts on 24^th September, 2016.

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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

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page 2 of 3

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W.P.(CRL) 719/2018

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pursuant thereto. There is no legal impediment in quashing the FIR in question.

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Consequently, FIR No. 306/2016 under Sections 498A/406/34 IPC registered at PS Paschim Vihar, Delhi and proceedings pursuant thereto are hereby quashed against all the accused.

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Parties have signed this order sheet in acknowledgment of their statements made before this Court. Petition is disposed of. Order dasti.

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MUKTA GUPTA, J.

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MARCH 08, 2018 ‘yo’

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page 3 of 3

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W.P.(CRL) 719/2018

Mohit Gupta & Ors. v. the State (Govt. of NCT of Delhi) & Anr.

Case brief

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Mohit Gupta & Ors. v. the State (Govt. of NCT of Delhi) & Anr.

Case brief

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What did the court decide?

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