Allowed

Saleem & Anr. v. State of NCT of Delhi & Anr.

Delhi HC9 Feb 2024CRL.M.C./1081/2024

Case brief

AI extract

What is this about?

The Delhi High Court allowed a petition under Section 482 CrPC to quash an FIR involving matrimonial discord (498A/406 IPC) relying on a settled agreement. The court held that continuing proceedings would serve no useful purpose and create acrimony.

What did the court decide?

FIR No. 0309/2019 registered at Police Station Aman Vihar, Rohini under Sections 498A/406/34 IPC and all consequential proceedings are quashed.

Saleem & Anr. Vs State of NCT of Delhi & Anr. — Matrimonial and Divorce | Delhi HC (2024)

¶1

$~89

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CRL.M.C. 1081/2024

¶4

SALEEM & ANR. ..... Petitioners Through: Mr.Pankaj Mann, Mr.Rishabh Goyal, Advs.

¶5

versus

¶6

STATE OF NCT OF DELHI & ANR. ..... Respondents Through: Mr.Deepak Rajwar, Adv. for R-2 along with R-2 in person. Mr.Shoaib Haider, APP with SI Arvind Kumar Saini.

¶7

CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA

¶8

O R D E R % 09.02.2024 CRL.M.A. 4280/2024 (exemption)

¶9

Allowed, subject to all just exceptions. CRL.M.C. 1081/2024

¶10

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) seeking quashing of FIR No.0309/2019 registered at Police Station: Aman Vihar, Rohini, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, on the basis of settlement.

¶11

Issue notice.

¶12

Notice is accepted by the learned APP for the State and learned counsel for respondent no.2.

¶13

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 15:02:20

¶14

The learned counsel for the petitioners submits that the FIR was an offshoot of the matrimonial discord between the parties. He submits that the parties have amicably settled their disputes and have entered into a settlement vide Settlement Deed dated 05.02.2024.

¶15

The respondent no.2, who is present in Court and has been duly identified by the Investigating Officer (IO), affirms the settlement and states that she has settled all the disputes with the petitioners of her own free will and without any coercion. The respondent no.2 submits that she has no objection if the present FIR is quashed. 7. I have perused the contents of the FIR and also the settlement the between parties. 8. Keeping in view the above and considering the settlement between the parties and as the respondent no.2 does not wish to pursue her complaint any further, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as the chances of its success will be rather minuscule and it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer.

¶16

Guided by the principles enunciated by the Supreme Court in its judgments in Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58; Gian Singh v. State of Punjab , (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 3, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the

¶17

This is a digitally signed order.

¶18

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 15:02:20

¶19

proceedings emanating therefrom.

¶20

Accordingly, the petition is allowed. FIR No.309/2019 registered at Police Station: Aman Vihar, under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

¶21

The parties shall abide by the terms of the aforesaid settlement.

¶22

The petition is disposed of in the above terms.

¶23

NAVIN CHAWLA, J

¶24

FEBRUARY 9, 2024 RN

¶25

Click here to check corrigendum, if any

¶26

This is a digitally signed order.

¶27

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/12/2024 at 15:02:20

Saleem & Anr. v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Saleem & Anr. v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Paras Ram Mishra @ Parashu Ram Mishra Vs the State Govt. of NCT of Delhi and Anr.

Gaurav Soni & Ors. Vs State & Anr.

Col. Sukhjeet Sandhu Vs State (Govt. of NCT of Delhi) & Anr.

Sanjay More Vs State of NCT of Delhi & Anr.

Naveen Kumar Vs State NCT of Delhi

Pawan & Anr. Vs the State & Anr.