Allowed

Bhupender Singh v. the State NCT of Delhi and Anr.

Delhi HC3 Jan 2024CRL.M.C./7/2024

Case brief

AI extract

What is this about?

The Delhi High Court granted exemption under Section 482 CrPC, allowing the quashing of an FIR registered for cruelty and criminal breach of trust under Sections 498A/406/34 IPC based on a voluntary settlement agreement.

What did the court decide?

Quashing of FIR no. 388/2019 registered at Police Station Begampur, New Delhi for offences under Sections 498A/406/34 IPC and all consequential proceedings.

Bhupender Singh Vs the State NCT of Delhi and Anr. — Quashing and FIR | Delhi HC (2024)

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$~22

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 7/2024

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BHUPENDER SINGH ..... Petitioner

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Through: Mr. Nitin Shokeen, Advocate

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versus

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THE STATE NCT OF DELHI AND ANR. ..... Respondents

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Through: Mr. Naresh Kumar Chahar, APP for the State with SI Chetan and ASI Neeraj Rana, P.S. Begumpur. Mr. Abin B. Kurian, Advocate for R- 2.

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CORAM:

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HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

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O R D E R

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% 03.01.2024

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CRL.M.A. 17/2024 (exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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CRL.M.C. 7/2024

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The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner seeking quashing of FIR bearing no. 388/2019 registered at Police Station Begampur, New Delhi for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860.

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Issue notice. Mr. Naresh Kumar Chahar, learned APP accepts notice on behalf of the State.

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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 06/05/2024 at 14:46:55

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Petitioner is present before this Court and has been identified by his counsel Mr. Nitin Shokeen and Investigating Officer (IO) SI Chetan, Police Station Begampur, New Delhi.

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Briefly stated, the facts of the present case are that petitioner and respondent no. 2 got married on 10.12.2006 according to Sikh rites and ceremonies. Due to temperamental differences both the parties started living separately since July, 2019. On the complaint of respondent no. 2, the present FIR bearing no. 388/2019 was registered at Police Station Begampur, New Delhi for offences punishable under Sections 498A/406/34 of IPC. It is stated that with the intervention of respectable community elders, both the parties have settled all their disputes vide Settlement Agreement dated 09.02.2023.

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On a query made by this Court, respondent no. 2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent No.2 that the entire dispute has been amicably settled/compromised between them and they have been living together since 2019. Respondent no. 2 further stated that she has no objection if FIR may be quashed.

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In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

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Accordingly, FIR bearing no. 388/2019 registered at Police Station

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Begampur, New Delhi for offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed.

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The petition stands disposed of.

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The order be uploaded on the website forthwith.

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SWARANA KANTA SHARMA, J

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JANUARY 3, 2024/zp

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Click here to check corrigendum, if any

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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 06/05/2024 at 14:46:55

Bhupender Singh v. the State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Bhupender Singh v. the State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

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