Quashed

Chandra Shekhar Pai & Ors. v. State & Anr.

Delhi HC16 Sept 2019W.P.(CRL)/2590/2019

Case brief

AI extract

What is this about?

Writ petition under Section 482 Cr.P.C. seeking quashing of an FIR under Sections 498A, 406, and 34 of IPC. The High Court of Delhi quashed the proceedings based on a settlement deed executed by parties, noting the matrimonial dispute had been amicably resolved and a divorce decree was passed.

What did the court decide?

FIR No. 0169/2017 and proceedings emanating therefrom are quashed.

Chandra Shekhar Pai & Ors. Vs State & Anr. — Domestic Violence | Delhi HC (2019)

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$~28

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 2590/2019

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CHANDRA SHEKHAR PAI & ORS. ..... Petitioners

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Through Mr. K.B. Hina, Advocate

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versus STATE & ANR. ..... Respondents Through Ms. Kamna Vohra, ASC for the State with SI Prabhakaran, P.S.: Dabri Mr. Deepak Kumar, Advocate for Respondent no.2

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CORAM: HON'BLE MR. JUSTICE BRIJESH SETHI

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O R D E R % 16.09.2019

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The petitioner has filed the present petition under Section 482 of Code of Criminal Procedure, 1973 (Cr.P.C) for quashing of FIR No. 0169/2017, under Sections 498A/406/34 of Indian Penal Code, 1860, registered at Police Station- Dabri and the proceedings emanating therefrom.

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The Investigating Officer, who is present in Court, has identified the petitioners as well as respondent no.2 and has also verified the settlement deed dated 11.03.2019.

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The petitioners and respondent no.2 as well as their respective counsels submit that the parties have amicably settled their disputes vide settlement deed dated 11.03.2019. The copy of the same has been placed on record.

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Respondent no.2 submits that she has settled the dispute with the petitioners of her own free will and without any undue force, pressure or coercion. She further submits that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 19.07.2019 passed by the Judge, Family Courts, Dwarka, New Delhi. Petitioner no.1 has to pay a sum of Rs. 21 lakhs to respondent no.2, out of which, petitioner no.1 has already paid Rs. 14 lakhs to respondent no.2 and rest of the amount of Rs. 7 lakhs have been paid today to respondent no.2 vide Demand Draft No. 031300 dated 27.08.2019. The copy of the demand draft has been placed on record.

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Respondent no.2 reiterates the aforesaid facts and submits that she has no objection if the FIR in question is quashed and the petition is allowed.

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In view of the settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 0169/2017, under Sections 498A/406/34 of the IPC, registered at Police Station- Dabri and the proceedings emanating therefrom are quashed.

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Petition is disposed of accordingly.

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BRIJESH SETHI, J

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SEPTEMBER 16, 2019 savita

Chandra Shekhar Pai & Ors. v. State & Anr.

Case brief

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Chandra Shekhar Pai & Ors. v. State & Anr.

Case brief

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