Quashed

Manish Kholi and Ors. v. the State and Anr.

Delhi HC8 Jul 2024W.P.(CRL)/1589/2024

Case brief

AI extract

What is this about?

The Delhi High Court quashed FIR No.486/2021 registered for offences under Sections 498A, 406, and 34 IPC. The Court held that since the matrimonial dispute was amicably settled and the wife had rejoined the petitioner, no useful purpose would be served by continuing proceedings under the Supreme Court law in Gian Singh vs. State of Punjab.

What did the court decide?

FIR No.486/2021 dated 06.09.2021 registered at PS Najafgarh for offences under Sections 498A/406/34 IPC and the proceedings emanating therefrom are quashed.

Manish Kholi and Ors. Vs the State and Anr. — Matrimonial and Divorce | Delhi HC (2024)

¶1

$~6

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(CRL) 1589/2024

¶4

MANISH KHOLI AND ORS .....Petitioners

¶5

Through: Mr. A. K. Mishra, Advocate with Petitioners in person.

¶6

versus

¶7

THE STATE AND ANR .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl) with Mr. Abhinav Kumar Arya with SI Shabnam, PS Najafgarh. Complainant in person.

¶8

CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

¶9

O R D E R

¶10

% 08.07.2024

¶11

The present petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C has been filed by the Petitioner for quashing FIR No.486/2021 dated 06.09.2021, registered at Police Station Najafgarh for offences punishable under Sections 498A/406//34 IPC on the ground that the parties have amicably settled the dispute and the Respondent No2/wife has rejoined the company of the Petitioner No.1/husband. The present FIR is the outcome of a matrimonial dispute between the parties.

¶12

As per the petition, the parties have settled all their disputes amicably and have also filed a Settlement Agreement dated 16.09.2022. In compliance of the Settlement Agreement dated 16.09.2022, the Respondent No.2/wife has rejoined the company of the Petitioner No.1/husband and have started

¶13

Page 1 of 3

¶14

W.P.(CRL) 1589/2024

¶15

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 04/07/2025 at 03:43:37

¶16

living together happily w.e.f 01.10.2022.

¶17

It is stated that the Respondent No.2/wife does not have any objection if the FIR against the Petitioners is quashed as she has already rejoined the company of the Petitioner No.1/husband. 4. Today, the Parties are present in Court. The Petitioner No.1/husband has been identified by his counsel. The Respondent No.2/wife has been identified by the Investigating Officer SI Shabnam, PS Najafgarh. The Respondent No.2/wife states that she has rejoined the company of the Petitioner No.1/husband and living happily with him and has settled all her disputes with the Petitioners out of her own free will, without pressure, coercion or undue influence and states that she does not want to pursue with the present case any further and request that the present FIR and the proceedings emanating therefrom may be quashed. The Parties undertake that they will remain bound by the terms of the Settlement Agreement arrived at between them before the Counselling Cell, Family Courts, Dwarka, New Delhi and the proceedings recorded before this Court.

¶18

The Parties, who are present in Court, understand the implication of the present proceedings. In view of the fact that the instant case is squarely covered by the law laid down by the Supreme Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303 and in view of the Settlement arrived at between the Parties, this Court is of the opinion that no useful purpose would be served in continuing with the present proceedings. Resultantly, the FIR No.486/2021 dated 06.09.2021, registered at Police Station Najafgarh for offences punishable under Sections 498A/406//34 IPC and the proceedings emanating therefrom are hereby quashed. The parties shall remain bound by the terms of the settlement and the undertaking given to the

¶19

Page 2 of 3

¶20

W.P.(CRL) 1589/2024

¶21

¶22

Court.

¶23

The petition stands disposed of in the above terms, along with pending application(s), if any.

¶24

SUBRAMONIUM PRASAD, J

¶25

JULY 8, 2024 S. Zakir

¶26

Page 3 of 3

¶27

W.P.(CRL) 1589/2024

¶28

Manish Kholi and Ors. v. the State and Anr.

Case brief

What is this about?

What did the court decide?

Manish Kholi and Ors. v. the State and 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

Ali Imam Vs State Gnct of Delhi

Sabiha Parveen Vs the State Govt. of NCT of Delhi

Bhagirath S/O Sh. Raja Ram Vs State of NCT of Delhi through Chief Secretary

Amjad Khan & Ors. Vs State & Anr.

Gurvinder Singh Vs the State (Govt. of Nct) of Delhi & Anr.

Pardeep Kumar & Ors. Vs the State Govt of NCT of Delhi through SHO P S Narela Delhi & Anr.

Mohd Taslim Ali Vs State of NCT of Delhi

Rahis @ Bambaiya Vs State of NCT of Delhi

Ritu Bharadwaj & Anr. Vs Govt. of NCT of Delhi & Ors.

Ziya Ur Rehman Vs the State NCT of Delhi and Anr.

Rohit Vs State of NCT of Delhi

Shahrukh@Painter Vs State Govt of NCT of Delhi

Praveen Kumar and Ors. Vs State and Anr.