Allowed

Sh Sachin & Ors. v. the State Govt of NCT of Delhi & Anr.

Delhi HC1 Mar 2024CRL.M.C./1740/2024

Case brief

AI extract

What is this about?

The Court allowed a petition for quashing an FIR registered under Sections 498A, 406, 34 IPC and Section 4 DP Act. Finding an amicable settlement and resumed cohabitation, the Court held no useful purpose would be served in continuing proceedings. Guided by Supreme Court precedents, the Court exercised inherent powers to quash the FIR and all consequent proceedings.

What did the court decide?

FIR No. 487/2018 and all consequential proceedings registered under Sections 498A/406/34 IPC and Section 4 DP Act are quashed.

Sh Sachin & Ors. Vs the State Govt of NCT of Delhi… — Matrimonial and Divorce | Delhi HC (2024)

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$~48

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1740/2024

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SH SACHIN & ORS. ..... Petitioners Through: Mr.Deva Nand, Adv.

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versus

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THE STATE GOVT OF NCT OF DELHI & ANR.

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..... Respondents Through: Mr.Satinder Singh Bawa, APP with ASI Vikram Singh Mr.Sourabh Pahwa, Adv. for R-2 along with R-2 in person.

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CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA O R D E R % 01.03.2024

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CRL.M.A. 6672/2024 (Exemption)

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Allowed, subject to all just exceptions. CRL.M.C. 1740/2024 & CRL.M.A. 6772/2024

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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. 0487/2018 registered at Police Station: Karawal Nagar, New Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (in short, ‘IPC’) and under Section 4 of Dowry Prohibition Act, 1961 (in short, ‘DP Act’) along with all other proceedings arising therefrom.

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Issue notice.

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Notice is accepted by Mr.Satinder Singh Bawa, learned APP for the State and Mr.Sourabh Pahwa, learned Advocate on behalf of the respondent no.2.

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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 04/03/2024 at 11:17:06

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The learned counsel for the petitioners submits that the subject FIR was an offshoot of the matrimonial discord between the parties, that is, the petitioner no. 1 and the respondent no. 2.

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The learned counsel for the petitioners submits that the parties have amicably settled their inter se disputes and have executed a settlement before Delhi Mediation Centre, Karkardooma Courts, Delhi vide Mediation Settlement dated 01.08.2019 and are residing together happily.

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The respondent no.2, who is personally present in Court and has been duly identified by the Investigating Officer (IO), affirms that she has settled all the disputes with the petitioners out 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.

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I have perused the contents of the FIR and also the Settlement Agreement between the parties. 9. As the disputes between the parties arose out of a matrimonial relationship, and now the same have been amicably settled and that the respondent no.2 does not wish to pursue her complaint any further, as also the fact that parties have started living together happily, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer.

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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;

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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 04/03/2024 at 11:17:06

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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 335, 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 proceedings emanating therefrom.

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Accordingly, the petition is allowed. FIR No. 487/2018 registered at Police Station: Karawal Nagar, New Delhi under Sections 498A/406/34 of the IPC and under Section 4 of DP Act and all consequential proceedings emanating therefrom against the petitioners are quashed.

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Dasti .

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NAVIN CHAWLA, J

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MARCH 1, 2024 /ns/am

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Click here to check corrigendum, if any

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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 04/03/2024 at 11:17:06

Sh Sachin & Ors. v. the State Govt of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Sh Sachin & Ors. v. the State Govt of NCT of Delhi & Anr.

Case brief

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