Dismissed

Silky Soni v. State Govt of NCT of Delhi & Anr.

Delhi HC11 Jul 2024CRL.M.C./1707/2021

Case brief

AI extract

What is this about?

The Court quashed an FIR registered under Sections 498A/406/377/34 IPC in a matrimonial dispute following a settlement deed and a decree of divorce by mutual consent. Finding no coercion and noting the settlement, the Court held that proceeding further would be an abuse of process and quashed the pending criminal proceedings.

What did the court decide?

FIR No. 0097/2021 under Sections 498A/406/377/34 IPC and proceedings emanating therefrom are quashed.

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

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$~27 & 28

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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%		Date of Decision: 11.07.2024
+	CRL.M.C. 1707/2021
	SILKY SONI Through:	..... Petitioner Mr.Ashish Verma and Mr.Kartikay Bhargava, Advocates with petitioner in person.
	versus STATE GOVT OF NCT OF	DELHI & ANR. .... Respondents
	Through:	Mr.Yudhvir Singh Chauhan, APP for State with SI Deepak Chhabra, P.S. Janak Puri. Mr.Vipin Gogia, Mrs.Jaspreet Gogia and Ms.Varnika Gupta, Advocates with respondent No.2 in person.
+	W.P.(CRL) 1218/2024
	SHAMINDER PAL ASIJA &	ORS. ..... Petitioners
	Through:	Mr.Vinay Kumar Sharma, Mr.Prince and Mr.Aaditya, Advocates with petitioners in person.
	versus STATE AND ANR. Through:	.... Respondents Mr.Yudhvir Singh Chauhan, APP for State with SI Deepak Chhabra, P.S. Janak Puri.
		Mr.Vipin Gogia, Mrs.Jaspreet Gogia
		and Ms.Varnika Gupta, Advocates
		with respondent No.2 in person.

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CORAM: HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA % J U D G M E N T

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Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Da te:3 0.07.2024 18:52:58

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Page 1 of 3

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CRL.M.C. 1707/2021 & W.P.(CRL.) 1218/2024

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ANOOP KUMAR MENDIRATTA, J (ORAL)

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CRL.M.A. 11818/2024 in W.P.(CRL) 1218/2024

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Exemption allowed, subject to just exceptions.

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Application stands disposed of.

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CRL.M.C. 1707/2021 & CRL.M.A. 11894/2021 W.P.(CRL) 1218/2024

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W.P.(CRL) 1218/2024 under Article 226 of the Constitution of India read Section 482 Cr.P.C. has been preferred on behalf of the petitioners for quashing of FIR No. 0097/2021, under Sections 498A/406/377/34 IPC registered at P.S.: Janakpuri and proceedings emanating therefrom, on the basis of settlement between the parties.

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Learned counsel for petitioners further clarifies that earlier CRL.M.C. 1707/2021 under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) had been preferred on behalf of the petitioner Silky Sony only for quashing of said FIR on merits.

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In brief, as per the case of the petitioners, marriage between petitioner No.1 namely Shaminder Pal Asija and respondent No. 2 was solemnized according to Sikh rites and ceremonies on 16.12.2012. A male child was born out of the wedlock who is presently in the custody of petitioner No.1. Due to temperamental differences, Shaminder Pal Asija and respondent No.2 started living separately. On complaint of respondent No. 2, present FIR was registered on 23.03.2021.

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The disputes are stated to have been amicably settled between the parties vide Settlement Deed dated 06.05.2022. The marriage between Shaminder Pal Asija and respondent No. 2 has been dissolved by decree of divorce dated 22.11.2023, by way of mutual consent under Section 13B(2) of the Hindu Marriage Act.

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Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Da te:3 0.07.2024 18:52:58

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Page 2 of 3

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CRL.M.C. 1707/2021 & W.P.(CRL.) 1218/2024

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Learned APP for the State submits that in view of amicable settlement between the parties, he has no objection in case the FIR in question is quashed.

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Petitioners and respondent No. 2 are present in person and have been identified by SI Deepak Chhabra, P.S.: Janakpuri. I have interacted with the parties and they confirm that the matter has been amicably settled between them without any threat, pressure or coercion. Respondent No. 2 also states that nothing remains to be further adjudicated upon between the parties and she has no objection in case the FIR in question is quashed.

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Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. Continuation of proceedings would be nothing but an abuse of the process of Court. Consequently, FIR No. 0097/2021, under Sections 498A/406/377/34 IPC registered at P.S.: Janakpuri and the proceedings emanating therefrom stand quashed.

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Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

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A copy of this order be forwarded to learned Trial Court for information.

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ANOOP KUMAR MENDIRATTA, J.

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JULY 11, 2024 /v

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Signature Not Verified

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Page 3 of 3

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CRL.M.C. 1707/2021 & W.P.(CRL.) 1218/2024

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Digitally Signed By:DINESH CHANDRA Signing Da te:3 0.07.2024 18:52:58

Silky Soni v. State Govt of NCT of Delhi & Anr.

Case brief

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Silky Soni v. State Govt of NCT of Delhi & Anr.

Case brief

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