Husband's family sought quashing of a 498A/406/34 IPC FIR after mediation-based settlement, payment of Rs. 2,00,000, and dissolution of marriage by Mubara-at. Complainant consented; State raised no objection. Court quashed the FIR.
FIR No. 327/2022 under Sections 498A/406/34 IPC, P.S. Punjabi Bagh, quashed; pending applications disposed of.
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AFIQ KHAN & ORS. ..... Petitioners Through: Mr. Manoj Kumar and Mohd. Kazim, Advocates alongwith petitioners in person.
versus
THE STATE NCT OF DELHI & ANR. ..... Respondents Through: Mr. Sunil Kumar Gautam, APP for the State. SI Sandeep, PS Punjabi Bagh. Mr. Sameer Ahmad, Advocate for R-2 alongwith R-2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
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petitioner no.1 has agreed to pay an amount of Rs. 2,00,000/- to the respondent no.2/wife towards full and final settlement of all her claims including mahar amount, cost of articles, etc., permanent alimony and maintenance - present, past and future. The copy of the aforesaid settlement deed dated 15.07.2023 is on record (Annexure B).
“61. ... In other words, the High Court must consider whether it
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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 affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.”
AMIT SHARMA, J
MARCH 05, 2024/ sn
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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 11/03/2024 at 11:21:51
1 issue framed by the court
Whether FIR No. 327/2022 under Sections 498A/406/34 IPC could be quashed under Section 482 Cr.P.C. following a settlement and dissolution of marriage between the parties.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabRelied on¶10
(2012) 10 SCC 303 · Who else cites this
3 provisions across 3 enactments
Afiq Khan & Ors.
The State NCT of Delhi
Respondent No. 2 (wife/complainant)
Amit Sharma
As recorded by the court registry
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