Husband sought quashing of a 498A/406/34 IPC FIR after the parties settled their matrimonial disputes through a memorandum of understanding. Both parties appeared, the complainant confirmed voluntary settlement, and the court quashed the FIR and all proceedings emanating from it.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~44
versus
STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Sanjay Lao, Standing Counsel, Mr. Abhinav Kr. Arya, Mr. Priyam Agarwal, Advs. for the State with SI Ranjana, PS Bindapur
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
O R D E R % 19.09.2024
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 04/07/2025 at 04:22:18
including the present FIR.
“ 1. That due to temperamental differences the parties started to live separately from 12.01.2021.
2. That the First Party filed a petition u/s. 2 of Muslim Marriage Act for dissolution of marriage, which case is pending before Dwarka Court.
AND WHEREAS the First Party shall withdraw the above mentioned case after recording of statement of both the parties.
AND WHEREAS this Memorandum of Understanding has been executed voluntarily by both the parties on their own free Will and accord without any pressure, inducement, force, compulsion or threat whatsoever.
AND WHEREAS the parties to this Memorandum of Understanding are of sound health and mind. They understand all the pros and cons of their acts, 'I· conducts and its connected implications. ”
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 04/07/2025 at 04:22:18
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 04/07/2025 at 04:22:18
498A/406/34 IPC at PS: Bindapur, South West Delhi, Dwarka and all the other proceedings emanating therefrom are quashed.
DINESH KUMAR SHARMA, J
SEPTEMBER 19, 2024 JN/KR..
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 04/07/2025 at 04:22:18
1 issue framed by the court
Should FIR No. 0770/2021 under Sections 498A/406/34 IPC be quashed given the parties' amicable settlement by memorandum of understanding and dissolution of the marriage?
Colour shows how this judgement treated each authority
B.S. Joshi v. State of HaryanaRelied on¶6
(2003) 4 SCC 675 · Who else cites this
K. Srinivas Rao v. D.A. DeepaRelied on¶6
(2013) 5 SCC 226 · Who else cites this
Yashpal Chaudhrani and Others v. State (Govt. of NCT Delhi) and AnotherRelied on¶6
2019 SCC OnLine Del 8179 · Who else cites this
3 provisions across 3 enactments
Rehman Ahmed
State NCT of Delhi
Respondent no. 2 (complainant)
Dinesh Kumar Sharma
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
