Delhi High Court quashed an FIR registered for cyber offence and criminal negligence in a matrimonial dispute. The court held that since the parties amicably settled their differences, continuing proceedings would create acrimony and no useful purpose would be served.
FIR bearing No. 206/2013 and all consequential proceedings are quashed.
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.
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MS PALAK MEHTA & ANR. ..... Petitioners Through: Mr. Ajay Kumar Chopta, Mr. Mudit Talesara & Mr. Nandita Mishra, Advs.
versus
STATE NCT OF DELHI AND ANR. ..... Respondents Through: Mr. Naresh Kumar Chahar, APP for the State along with Ms. Shagun Seth, Ms. Reshma Ansari and Mr. Lalit Kumar, Advs. Insp. Satvinder, Special Cell along with SI Narender, PS Kalkaji.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
O R D E R
% 21.05.2024
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 27/05/2024 at 12:41:20
respondent no. 2 in Vrindavan. It is stated that in September 2011, the petitioner no. 1 was sent back to her parental home in Surat, due to matrimonial disputes and dowry demands. In 2012, the petitioner no. 1 had filed a domestic violence complaint in Surat, against her husband. On 23.05.2013, on the complaint of respondent no. 2, the said FIR was lodged against the petitioner no. 1 and 2, registered at Police Station Kalkaji, New Delhi. On 20.05.2016, charge-sheet was filed against the petitioners in the learned Trial Court, In October 2022, the petitioner no. 1 and her husband started living together and all disputes were settled amongst them. Hence, the present petition for quashing of FIR has been filed.
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 27/05/2024 at 12:41:20
therefrom are quashed.
SWARANA KANTA SHARMA, J
MAY 21, 2024/ at
Click here to check corrigendum, if any
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 27/05/2024 at 12:41:20
2 issues framed by the court
Whether the FIR under Sections 66 of IT Act and 201 of IPC can be quashed in family matters where parties have amicably settled disputes.
Whether continuing criminal proceedings would serve any useful purpose given the settlement of matrimonial issues.
3 provisions across 3 enactments
MS PALAK MEHTA
STATE NCT OF DELHI
SWARANA KANTA SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
