Allowed

Akash & Ors. v. the State NCT of Delhi and Anr.

Delhi HC5 Mar 2024CRL.M.C./1856/2024

Case brief

AI extract

What is this about?

The Delhi HC allowed an application for quashing of an FIR registered under Sections 498A, 406, and 34 IPC. Based on the petitioner's marriage to respondent no. 2 and a subsequent voluntary compromise regarding dowry, stridhan, and maintenance disputes filed by the wife, the court held that continuing proceedings would serve no useful purpose and ordered the quashing of the FIR.

What did the court decide?

Quashing of FIR bearing No. 590/2020 registered at Police Station Chhawala, Delhi, for offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom.

Akash & Ors. Vs the State NCT of Delhi and Anr. — Matrimonial and Divorce | Delhi HC (2024)

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$~60

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1856/2024

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AKASH & ORS. ..... Petitioners

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Through: Petitioners with their counsel Mr. Akash, Mr. Hans Raj Chauhan, Mr. Kuljeet Singh, Ms. Savita, Mr. Sukhbir and Ms. Archana, Advocates.

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versus

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THE STATE NCT OF DELHI AND ANR. ..... Respondents Through: Mr. Satish Kumar, APP for the State. (Appearance of the Investigating Officer not given.)

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CORAM:

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HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

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O R D E R % 05.03.2024

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CRL.M.A. 7078/2024

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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CRL.M.C. 1856/2024

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The instant petition under Section 482 of the Code of Criminal Procedure, 1973(‘Cr. P.C’) has been filed by petitioners praying for quashing of FIR bearing No. 590/2020 registered at Police Station Chhawala, Delhi for the offences punishable under Sections 498A/406/34 of Indian Penal Code, 1860 (‘IPC') and all consequential proceedings emanating therefrom.

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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 12/03/2024 at 11:16:32

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Notice. Mr. Satish Kumar, learned APP accepts notice on behalf of the State.

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Briefly stated the facts of the present case are that the marriage between the petitioner No. 1 and the respondent no.2 was solemnized on 19.11.2018. However, due to temperamental differences between the petitioners and respondent no.2 disputes arose resulting to the registration of the present FIR.

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The petitioners are present before this Court and have been identified by their counsel Mr. Akash and Investigating Officer (IO) Police Station Chhawala, Delhi.

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On the query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent No.2 that the entire dispute has been amicably settled between the parties entered into between them.

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It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with the petitioners.

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In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

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Accordingly, FIR bearing No. 590/2020 registered at Police Station

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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 12/03/2024 at 11:16:32

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Chhawala, Delhi for offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed.

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The petition stands disposed of.

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The order be uploaded on the website forthwith.

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SWARANA KANTA SHARMA, J

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MARCH 5, 2024/A

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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 12/03/2024 at 11:16:32

Akash & Ors. v. the State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Akash & Ors. v. the State NCT of Delhi and Anr.

Case brief

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What did the court decide?

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