Quashed

Rohan Choudhary v. State and Anr.

Delhi HC6 Mar 2024CRL.M.C./1893/2024

Case brief

AI extract

What is this about?

Single judge of the Delhi High Court quashed an FIR under Sections 498A/406/34 IPC and proceedings therefrom in a matrimonial dispute, observing that the matter had been amicably settled and no useful purpose would be served by keeping the case pending.

What did the court decide?

FIR No. 77/2021 under Sections 498A/406/34 IPC registered at PS Aman Vihar and all proceedings emanating therefrom are quashed.

Rohan Choudhary Vs State and Anr. — Dowry and Cruelty | Delhi HC (2024)

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$~17

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 06.03.2024

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CRL. M.C. 1893/2024 ROHAN CHOUDHARY ..... Petitioner Through: Mr.H.P.Sharma and Mr.Roshan Kumar, Advocates alongwith petitioner in person.

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versus

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STATE THROUGH ITS SHO P.S. AMAN VIHAR, NEW DELHI & ANR. .... Respondents Through: Ms.Kiran Bairwa, APP with SI Ashish Garg, PS Aman Vihar and SI Aarti Jha, (IO), PS KNK Marg, Rohini. Mr.Vishal Dabas, Advocate alongwith 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. 7257/2024

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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. 1893/2024

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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. 77/2021, under Sections 498A/406/34 IPC registered at P.S.: Aman Vihar and proceedings emanating therefrom.

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Issue notice. Learned APP for the State and learned counsel for

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Signature Not Verified

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Page 1 of 3

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CRL. M.C. 1893/2024

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

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respondent No.2 alongwith respondent No.2 in person appear on advance notice and accept notice.

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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 24.08.2020. No child was born out of the wedlock. Due to temperamental differences, respondent No.2 and petitioner No.1 started living separately since 26.09.2020. Present FIR was registered on the complaint of respondent No. 2, on 10.02.2021.

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The disputes have been amicably settled between the parties vide Settlement Deed dated 01.12.2023. The first motion of divorce by way of mutual consent has been allowed on 20.12.2023 by learned Principal Judge, Family Courts, North-West, Rohini Courts, Delhi. 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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Petitioner as well as respondent No. 2 in person have been identified by SI Ashish Garg, PS: Aman Vihar. 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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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. 77/2021, under Sections 498A/406/34 IPC registered at P.S.: Aman Vihar and the proceedings emanating therefrom

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Signature Not Verified

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Page 2 of 3

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CRL. M.C. 1893/2024

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

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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 learned Trial Court for information and compliance.

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ANOOP KUMAR MENDIRATTA, J.

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MARCH 06, 2024 /v

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Signature Not Verified

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Page 3 of 3

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CRL. M.C. 1893/2024

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

Rohan Choudhary v. State and Anr.

Case brief

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Rohan Choudhary v. State and Anr.

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