Disposed

Nandan Singh Bisht v. Govt of NCT of Delhi & Anr.

Delhi HC9 Feb 2024CRL.M.C./223/2024

Case brief

AI extract

What is this about?

Petition under Section 482 Cr.P.C. sought quashing of an FIR arising from a matrimonial dispute after the parties settled and divorced by mutual consent. The complainant wife confirmed voluntary settlement and receipt of payment. The court quashed the FIR and consequent proceedings, subject to encashment of the balance demand draft.

What did the court decide?

FIR No. 339/2022 and consequent proceedings quashed subject to encashment of Rs.1.5 lac demand draft; petition disposed of.

Nandan Singh Bisht Vs Govt of NCT of Delhi & Anr. — Dowry and Cruelty | Delhi HC (2024)

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$~66

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 223/2024

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NANDAN SINGH BISHT ..... Petitioner

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Through: Mr. Ojasvi Khaneja, Advocate with petitioner with petitioner in person.

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versus

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GOVT OF NCT OF DELHI & ANR ..... Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Nitesh Mahiya PS Samaypur Badli, Delhi.

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Mr. Chirag Malik, Advocate for respondent No.2 with respondent No.2 in person.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 09.02.2024

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The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 339/2022 registered under Sections 498A/406/506/34 IPC at P.S. Samaypur Badli, Delhi on the ground that the parties have amicably settled their disputes.

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The present FIR is an outcome of a matrimonial dispute between the complainant/respondent No. 2 (wife) and petitioner husband.

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Mr. Nawal Kishore Jha, learned APP for the State submits that in the present case petitioner is the only accused and respondent No. 2 is the only complainant/victim.

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Learned counsel for the petitioner submits that the parties have settled their disputes vide compromise deed dated 16.12.2022. In terms of the

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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 16/12/2024 at 15:02:41

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settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 26.08.2023 passed by the Family Court, North Rohini Courts, Delhi in HMA No. 1700/2023. It was agreed that a sum of Rs.7,50,000/- as full and final settlement shall be paid by petitioner to respondent No. 2. It is further submitted that out of the settlement amount of Rs.7,50,000/-, the balance amount of Rs.1,50,000/- is being paid today through a demand draft number 329650 drawn on Union Bank, Paschim Vihar, Delhi. It is further submitted that the petitioner has filed an affidavit stating therein that rights of the minor child shall remain unaffected by the terms of the settlement.

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Petitioner and respondent No.2, who are present in Court, have been identified by their respective counsel as well as by I.O./ SI Nitesh Mahiya PS Samaypur Badli, Delhi.

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Respondent No. 2 states that she has settled her disputes with petitioner of her own free will, volition and without any coercion. She also acknowledges the receipt of entire settled amount and submits that she has no objection in case the FIR is quashed against the petitioners subject to encashment of the demand draft of Rs.1,50,000/- handed over to her today.

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Learned counsel for the petitioner submits that no other proceedings are pending between the parties.

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The parties shall remain bound by the statements and undertaking made in Court today.

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In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to encashment of aforesaid demand draft of Rs.1.5 lac.

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With the above directions, the petition is disposed of.

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MANOJ KUMAR OHRI, J

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FEBRUARY 9, 2024/ rd

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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 16/12/2024 at 15:02:41

Nandan Singh Bisht v. Govt of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Nandan Singh Bisht v. Govt of NCT of Delhi & Anr.

Case brief

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