Disposed

Himanshu Sharma & Ors. v. State of NCT of Delhi through SHO & Anr.

Delhi HC15 Feb 2024CRL.M.C./1232/2024

Case brief

AI extract

What is this about?

A Section 482 CrPC petition sought quashing of a FIR filed after a matrimonial dispute, on the ground that the parties had settled and obtained a mutual-consent divorce decree. The complainant confirmed her free-will consent and no objection. The court quashed the FIR and consequent proceedings.

What did the court decide?

FIR No. 301/2021 and consequent proceedings quashed

Himanshu Sharma & Ors. Vs State of NCT of Delhi… — Matrimonial and Divorce | Delhi HC (2024)

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$~80

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1232/2024, CRL.M.A. 4874/2024

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HIMANSHU SHARMA & ORS. ..... Petitioners

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Through: Mr. Rajan Kumar Prasad, Advocate with petitioners in person.

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versus

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STATE OF NCT OF DELHI THROUGH SHO & ANR. ..... Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Sonu Kumar, P.S. Shahadara. Respondent No.2 in person through V.C.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 15.02.2024

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The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 301/2021 registered under Sections 498-A/406/34 IPC at P.S. Shahdara, Delhi on the ground that the parties have amicably settled their disputes.

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The present FIR is an outcome of a matrimonial dispute between the complainant/respondent No. 2 (wife) and petitioner No.1 and petitioner Nos. 2 to 4 are in-laws of the complainant.

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Mr. Jha, learned APP for the State, submits that in the present case petitioners are the only accused persons and respondent No. 2 is the complainant/victim.

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Learned counsel for the petitioners submits that the parties have settled their disputes in pursuance to which they have already been granted

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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 15:22:39

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divorce by mutual consent vide divorce decree dated 21.07.2023 passed by the Family Court, Central, Shahadara, Karkardooma Court, Delhi in HMA No. 1364/23.

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Petitioners, who are present in Court, have been identified by their counsel as well as by the I.O./SI Sonu Kumar, P.S. Shahadara.

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Respondent No. 2, who has joined the proceedings through V.C., has been identified by the IO. She states that she has settled her disputes with petitioner No.1 of her own free will, volition and without any coercion. She further submits that she has no objection in case the FIR is quashed against the petitioners.

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Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

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The parties shall remain bound by the statements and undertaking made in Court today.

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In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed.

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With the above directions, the petition is disposed of with miscellaneous application.

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MANOJ KUMAR OHRI, J

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FEBRUARY 15, 2024 ga

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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 15:22:39

Himanshu Sharma & Ors. v. State of NCT of Delhi through SHO & Anr.

Case brief

What is this about?

What did the court decide?

Himanshu Sharma & Ors. v. State of NCT of Delhi through SHO & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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