Allowed

Sonu Sharma and Others v. the State and Another

Delhi HC5 Mar 2024CRL.M.C./1857/2024

Case brief

AI extract

What is this about?

Quashing of FIR No. 196/2020 registered under Sections 498A/406/34 IPC. The High Court allowed the petition, holding that since the matter was amicably settled and parties were residing together, the case would serve no useful purpose and constituted an abuse of process.

What did the court decide?

FIR No. 196/2020 registered under Sections 498A/406/34 IPC and proceedings therefrom stand quashed.

Sonu Sharma and Others Vs the State and Another — Matrimonial and Divorce | Delhi HC (2024)

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$~57

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 05.03.2024

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- CRL.M.C. 1857/2024

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SONU SHARMA AND OTHERS ..... Petitioners Through: Mr.Mohit Bansal and Mr.Neeraj Khatana Advocates with petitioners in person. versus THE STATE AND ANR. ..... Respondents Through: Ms.Kiran Bairwa, APP with ASI Satyaveer Singh, PS Mansarovar Park. 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. 7079/2024

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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. 1857/2024

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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 petitioners for quashing of FIR No. 196/2020, under Sections 498A/406/34 IPC registered at P.S.: Mansarovar Park and proceedings emanating therefrom.

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2. Issue notice. Learned APP for the State and respondent No.2 in person appear on advance notice and accept notice.

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3. In brief, as per the case of the petitioner, marriage between petitioner No. 1 and respondent No. 2 was solemnized according to Hindu rites and

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Signature Not Verified

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CRL.M.C. 1857/2024

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Page 1 of 2

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

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ceremonies on 02.12.2014. Due to temperamental differences, respondent No.2 and petitioner No.1 started living separately. Present FIR was registered on the complaint of respondent No. 2, on 21.08.2020.

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4. The disputes are stated to have been amicably settled between the parties in terms of Settlement Deed/ MoU dated 24.02.2024 and the parties are residing together for the past one year. 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 ASI Satyaveer Singh, P.S.: Mansarovar Park. 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 they have been residing together happily for the past one year 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. 196/2020, under Sections 498A/406/34 IPC registered at P.S.: Mansarovar Park 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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ANOOP KUMAR MENDIRATTA, J.

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MARCH 05, 2024 /v

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Signature Not Verified

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CRL.M.C. 1857/2024

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Page 2 of 2

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

Sonu Sharma and Others v. the State and Another

Case brief

What is this about?

What did the court decide?

Sonu Sharma and Others v. the State and Another

Case brief

What is this about?

What did the court decide?

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