Allowed

Deepak Malhotra and Others v. the State of NCT of Delhi and Anr.

Delhi HC1 Mar 2024CRL.M.C./1771/2024

Case brief

AI extract

What is this about?

In a quashing petition under CrPC 482, the Delhi High Court quashed an FIR registered for matrimonial offenses including 498A IPC upon a finding of settlement between the husband and wife and their families, with both parties agreeing to live together.

What did the court decide?

FIR No.290/2013 under Sections 498A/406/323/342/377/509 IPC and all consequential proceedings were quashed.

Deepak Malhotra and Others Vs the State of NCT of… — Matrimonial and Divorce | Delhi HC (2024)

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$~86

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1771/2024

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DEEPAK MALHOTRA AND OTHERS ..... Petitioners

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Through: Mr. Ajit Singh, Adv. with petitioners in person

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versus

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THE STATE OF NCT OF DELHI AND ANR ..... Respondents Through: Mr. Raj Kumar, APP for State with SI Sanjeeta PS Mukherjeet Nagar Respondent no. 2 in person.

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CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R 01.03.2024

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The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.290/2013 under Sections 498A/406/323/342/377/509 IPC registered at Police Station Mukherjee Nagar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

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Issue notice. The learned APP for the State accepts notice. He submits that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.

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The petitioner no. 1 (husband), petitioner nos. 2 & 3, who are close relatives of petitioner no. 1, as well as, respondent no. 2 (wife) are present in

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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 11:16:04

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the Court. They have been identified by learned counsel for the petitioner and by the Investigating Officer SI Sanjeeta PS Mukherjeet Nagar.

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The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 11.10.2000 according to Hindu Rites and Customs. Out of the said wedlock, one male child namely, Bhavesh and one female child namely, Ms. Gaurisha was born.

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On account of temperamental issues certain disputes arose between the parties. The dispute between the parties also led to the registration of present FIR.

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The learned counsel submits that the parties have arrived at settlement with the assistance of their respective families and friends. In terms of the said settlement the petitioner no. 1 and respondent no. 2 are now living together peacefully.

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It is also a term of the settlement that the respondent no. 2 shall cooperate in quashing of the aforesaid FIR.

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The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.

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Considering the fact that the parties have arrived at a settlement and they have started staying together, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

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It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

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Consequently, the petition is allowed and the FIR No.290/2013 under Sections 498A/406/323/342/377/509 IPC registered at Police Station Mukherjee Nagar alongwith all other proceedings emanating therefrom, is

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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 11:16:04

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quashed.

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The petition stands disposed of in the above terms.

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Order be uploaded on the website of this court.

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VIKAS MAHAJAN, J

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MARCH 1, 2024 N.S. ASWAL

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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 11:16:04

Deepak Malhotra and Others v. the State of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Deepak Malhotra and Others v. the State of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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