Disposed

Vishal Sharma and Anr. v. State (Gnctd) & Anr.

Delhi HC4 Mar 2024CRL.M.C./1820/2024

Case brief

AI extract

What is this about?

Petition to quash a dowry-related FIR after the matrimonial dispute was amicably settled by a settlement deed and divorce by mutual consent. The State raised no objection; respondent No. 2 confirmed voluntary settlement. The Court quashed the FIR and proceedings as continuation would be abuse of process.

What did the court decide?

FIR No. 0450/2021 under Sections 498A/406/34 IPC at PS Prem Nagar, Delhi and proceedings emanating therefrom quashed.

Vishal Sharma and Anr. Vs State (Gnctd) & Anr. — Dowry and Cruelty | Delhi HC (2024)

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$~78

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 04.03.2024

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- CRL.M.C. 1820/2024

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VISHAL SHARMA AND ANR. ..... Petitioners Through: Ms. Vidubeni, Mr. Chandrashekhar Parasher and Ms. Jyotsna Parashar, Advocates with Petitioners-in-person.

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versus STATE (GNCTD) & ANR. ..... Respondents Through: Ms.Kiran Bairwa, APP with SI Kamal Chaudhary, PS: Prem Nagar. Mr. V. K. Chaturvedi, Advocate for R-2 with Respondent No. 2 in-person.

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CORAM:

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HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

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% J U D G M E N T

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ANOOP KUMAR MENDIRATTA, J (ORAL)

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CRL.M.A. 6936/2024

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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. 1820/2024

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1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioner for quashing of FIR No. 0450/2021, under Sections 498A/406/34 IPC, registered at P.S.: Prem Nagar, Delhi and the proceedings emanating therefrom.

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2. Issue notice. Learned APP for the State and learned counsel for respondent No. 2 along with respondent No. 2 in person appear on advance

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Signature Not Verified

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Page 1 of 3

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CRL.M.C. 1820/2024

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Digitally Signed By:DINESH CHANDRA Signing Da te:0 9.03.2024 14:17:29

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notice and accept notice.

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3. In brief, as per the case of the petitioners, marriage between petitioner No. 1 and respondent No. 2 was solemnized according to Hindu rites and ceremonies on 12.07.2016. A female child was born out of the wedlock. Due to temperamental differences between the parties, petitioner No. 1 and respondent No. 2 started living separately since 01.12.2019. On complaint of respondent No. 2, present FIR was registered on 14.06.2021.

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4. The disputes are stated to have been amicably resolved between the parties vide settlement deed dated 03.07.2023. The marriage between petitioner No. 1 and respondent No. 2 has been dissolved by decree of divorce by way of mutual consent under Section 13B(2) of the Hindu Marriage Act vide judgment dated 17.10.2023.

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

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6. Petitioners as well as respondent No. 2 are present in person and have been identified by SI Pawan Kumar, P.S.: Gandhi Nagar, Delhi. 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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7. 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. It would be nothing but an abuse of the process of Court. Consequently, FIR No. 0450/2021, under Sections 498A/406/34 IPC,

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Signature Not Verified

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Page 2 of 3

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Digitally Signed CRL.M.C. 1820/2024 By:DINESH CHANDRA Signing Da te:0 9.03.2024 14:17:29

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registered at P.S.: Prem Nagar, Delhi 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 the learned Trial Court for information.

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ANOOP KUMAR MENDIRATTA, J.

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MARCH 04, 2024/ R

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Signature Not Verified Digitally Signed CRL.M.C. 1820/2024 By:DINESH CHANDRA Signing Da te:0 9.03.2024 14:17:29

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Vishal Sharma and Anr. v. State (Gnctd) & Anr.

Case brief

What is this about?

What did the court decide?

Vishal Sharma and Anr. v. State (Gnctd) & Anr.

Case brief

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