Allowed

Manoj Kumar & Anr. v. the State of Delhi and Anr.

Delhi HC15 Feb 2024CRL.M.C./1225/2024

Case brief

AI extract

What is this about?

A special leave petition under Section 482 CrPC sought quashing of an FIR under Section 498-A IPC due to a matrimonial dispute. The court noted parties had settled and resumed living together, ruling that continuation of proceedings would serve no useful purpose.

What did the court decide?

First Information Report No.1087/2015 registered under Sections 498-A/406/34 IPC and all consequential proceedings are quashed.

Manoj Kumar & Anr. Vs the State of Delhi and Anr. — Matrimonial and Divorce | Delhi HC (2024)

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$~40

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1225/2024

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MANOJ KUMAR & ANR. ..... Petitioners

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Through: Ms Simran Singh, Advocate along with petitioners in person.

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versus

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THE STATE OF DELHI AND ANR. ..... Respondents Through: Mr Raj Kumar, APP for the State with ASI Sunil Kumar, PS Hauz Khas. Mr Markandey Gupta, Advocates for R-2 along with R-2 in person.

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CORAM:

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HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R % 15.02.2024

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CRL.M.A. 4852/2024

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Allowed, subject to all just exceptions. CRL.M.C. 1225/2024

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The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.1087/2015 under Sections 498-A/406/34 IPC registered at Police Station Hauz Khas and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

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Issue notice. The learned APP for the State accepts notice. He submits that since FIR is an outcome of matrimonial dispute and the parties have arrived at a settlement, in terms of which they have now started residing together, the State has no objection in case the present FIR is quashed.

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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 17/12/2024 at 15:41:37

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The petitioner no.1 (husband), and petitioner no.2, who is the mother of the petitioner no.1, as well as, respondent no. 2 (wife) are present in the Court and they have been identified by their respective counsel and by the Investigating Officer ASI Sunil Kumar, PS Hauz Khas..

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The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 05.02.2007 according to Hindu Rites and Customs. Out of the said wedlock, two girl child, namely, Baby Harshita and Baby Manyata were born.

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On account of temperamental issues certain disputes arose between the parties and they started living separately from February, 2023. The dispute between the parties also led to the registration of present FIR.

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During the pendency of the proceedings, the parties were referred to the Mediation Centre, Saket Courts, New Delhi where they arrived at a settlement, terms whereof were reduced in writing in the form of Memorandum of Understanding dated 19.01.2024, which is annexed as Annexure P-2 to the present petition.

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As per the said settlement, the parties have settled all their disputes with each other.

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It is a term of the settlement that the parties shall reside together in the property mentioned in para 1 of the settlement as husband and wife.

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The petitioner no.1 and the respondent no.2, who are present in Court affirm that now they are residing together.

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The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.

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In view of the fact that the parties have arrived at a settlement, and in terms thereof the petitioner no.1 and the respondent no.2 have started

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residing together, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them. 13. It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

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Consequently, the petition is allowed and the FIR No.1087/2015 under Sections 498-A/406/34 IPC registered at Police Station Hauz Khas alongwith all other proceedings emanating therefrom, is quashed.

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The petition stands disposed of in the above terms.

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Order be uploaded on the website of this court.

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VIKAS MAHAJAN, J

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FEBRUARY 15, 2024 MK

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This is a digitally signed order.

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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 17/12/2024 at 15:41:37

Manoj Kumar & Anr. v. the State of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Manoj Kumar & Anr. v. the State of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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