High Court quashed an FIR under broad-based matrimonial offences filed against a husband and in-laws. The court noted a settlement was reached, divorce was decreed, and restitution was made, rendering criminal proceedings unnecessary.
FIR No. 183/2019 and all consequential proceedings quashed.
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RAHUL SHARMA ALIAS RAHUL AND ORS. ..... Petitioners
Through: Mr. Rajesh Kumar Singh & Mr. Surjeet Singh, Advs. with petitioners in person.
versus
STATE NCT OF DELHI & ANR. ..... Respondents
Through: Ms. Kiran Bairwa, APP for State with SI Nikhil, P.S. Tigri.
Mr. Subhodh Kumar, Pandey, Adv. for R-2 (through VC). R-2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R % 07.03.2024
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 11:15:37
Subsequently, respondent no.2/complainant lodged a complaint against petitioner no. 1 (husband), petitioner no. 2 (father-in-law) and petitioner no. 3 (mother-in-law).
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 11:15:37
have been complied with.
“61. In other words, the High Court must consider whether it 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 proceedings.”
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 11:15:37
AMIT SHARMA, J
MARCH 7, 2024/nk
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 11:15:37
2 issues framed by the court
Whether the FIR under Sections 498A/406/34 IPC should be quashed in light of a settlement and divorce decree in marital disputes.
Whether criminal proceedings constitute an abuse of process of law when the dispute has been amicably resolved.
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabReferred¶26
Gian Singh v. State of Punjab, (2012) 10 SCC 303 · Who else cites this
2 provisions across 2 enactments
Rahul Sharma Alias Rahul and Ors.
State NCT of Delhi
R-2
Amit Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
