Allowed

Dharamveer Goyal v. State of NCT of Delhi & Anr.

Delhi HC13 Mar 2024CRL.M.C./2022/2024

Case brief

AI extract

What is this about?

High Court of Delhi quashed an FIR pending under matrimonial dispute sections after parties settled via Family Court counselling and resumed cohabitation, finding no useful purpose in continuing criminal proceedings. Allowed CPL.M.A. 7805/2024.

What did the court decide?

Quashing of FIR No.0705/2021 and all consequential proceedings under Sections 354C, 498A, 506 IPC, and Section 67A IT Act.

Dharamveer Goyal Vs State of NCT of Delhi & Anr. — Matrimonial and Divorce | Delhi HC (2024)

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$~61

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 2022/2024

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DHARAMVEER GOYAL ..... Petitioner

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Through: Mr Rakesh Srivastava, Advocate along with petitioner in person.

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versus

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STATE OF NCT OF DELHI & ANR. ..... Respondents Through: Ms Meenakshi Dahiya, APP for the State with SI Shubhanshu, Police Station Mandawali. Respondent no.2 in person.

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CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R

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% 13.03.2024

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CRL.M.A. 7805/2024

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Allowed, subject to all just exceptions. CRL.M.C. 2022/2024

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The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.0705/2021 under Sections 354C/498A/506 IPC and Section 67A IT Act registered at Police Station Mandawali and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

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Issue notice. The learned APP for the State accepts notice. He submits that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement and in terms thereof they have started living

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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 05/04/2024 at 12:19:29

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together, the State has no objection in case the FIR in question is quashed. 4. The petitioner (husband), as well as, respondent no. 2 (wife) are present in the Court and they have been identified by the Investigating Officer SI Shubhanshu, Police Station Mandawali.

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The brief facts of the case are that the marriage between the petitioner and respondent no. 2 was solemnized on 29.04.2014 according to Hindu Rites and Customs. Out of the said wedlock, two male children, namely, Kavyash and Mokesh were born.

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On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 03.10.2022. The dispute between the parties also led to the registration of present FIR.

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During the pendency of the proceedings, the parties were referred to the Counselling Cell, Family Court East District, Karkardooma, Delhi, where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 04.11.2023, which is annexed as Annexure-A to the present petition.

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It is borne out from the settlement that the petitioner and respondent no.2 have decided to reside together as husband and wife. The petitioner and the respondent no.2, who are present in Court affirm that now they are residing together.

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The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.

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In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

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It is, thus, in the interest of justice that the present FIR and all the

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other proceedings emanating therefrom be quashed.

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Consequently, the petition is allowed and the 0705/2021 under Sections 354C/498A/506 IPC and Section 67A IT Act registered at Police Station Mandawali alongwith all other proceedings emanating therefrom, is quashed.

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The petition stands disposed of in the above terms.

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Order be uploaded on the website of this court.

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VIKAS MAHAJAN, J

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MARCH 13, 2024 MK

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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 05/04/2024 at 12:19:29

Dharamveer Goyal v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Dharamveer Goyal v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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