Matrimonial dispute FIR under Sections 498A/406/34 IPC was quashed as husband and wife reached an MoU and resumed cohabitation, with the complainant and the State having no objection to quashing.
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PARITOSH SETHI & ORS. ..... Petitioners Through: Mr. Deepak Ranga, Advocate. Petitioners through VC.
versus
THE STATE NCT OF DELHI AND ORS. ..... Respondents Through: Mr. Sunil Kumar Gautam, APP for the State. SI Dhananjay Gupta, PS Rajouri Garden. Ms. Jyoti Batra, Advocate for R-2. R-2 through VC.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
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of the family friends and near relatives, the petitioner no. 1 and respondent no. 2 have arrived at a Memorandum of Understanding (MoU) dated 02.06.2023 and the copy of the MoU has been placed on record as Annexure P-6. It is further submitted that in pursuance of the said MoU, the parties have been residing together at their matrimonial home since July 2023 alongwith their minor son.
“61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the
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 05/03/2024 at 11:02:04
affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings.”
AMIT SHARMA, J
MARCH 01, 2024 /sn
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 05/03/2024 at 11:02:04
1 issue framed by the court
Can FIR No. 440/2022 under Sections 498A/406/34 IPC be quashed given a settlement MoU between the parties?
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Gian Singh v. State of PunjabRelied on¶8
Gian Singh v. State of Punjab (2012) 10 SCC 303 · Who else cites this
2 provisions across 2 enactments
Paritosh Sethi
The State NCT of Delhi
Amit Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
