Quashed

Pankaj & Ors. v. State of NCT of Delhi & Anr.

Delhi HC13 Aug 2024CRL.M.C./2252/2024

Case brief

AI extract

What is this about?

The Court quashed an FIR registered under Sections 498A/406/34 IPC arising from a matrimonial dispute. The petitioners secured a settlement involving a pecuniary amount, which the complainant accepted voluntarily, leading the Court to find no useful purpose in continuing proceedings.

What did the court decide?

Quashing of FIR No.08/2020 dated 22.01.2020 and all proceedings emanating therefrom.

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

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$~110

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 2252/2024 PANKAJ & ORS. .....Petitioners Through: Mr. Aditya Vashishth (CD 3999/2016) and Mr. Rishabh Bhardwaj, Advocates along with Petitioners in person.

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versus

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STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Shoaib Haider, APP for the State. SI Kavindra Singh (D-3438), PS Bara Indu Rao. Respondent No.2 in person.

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CORAM:

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HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD O R D E R % 13.08.2024

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The present petition under Section 482 of Cr.P.C has been filed by the Petitioners for quashing FIR No.08/2020 dated 22.01.2020, registered at Police Station Bara Hindu Rao for offences punishable under Sections 498A/406/34 IPC. The present FIR is the outcome of a matrimonial dispute between the parties.

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The Respondent No.2 is the Complainant and the Petitioner No.1 is the husband of the Complainant.

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The principal ground on which the present petition has been filed is that the parties have entered into a settlement on 14.03.2024. In terms of the settlement, the Petitioner No.1/husband has agreed to pay a sum of Rs.10,00,000/- to the complainant/Respondent No.2 towards the full and final settlement of all her claims in the following manner:

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a. A sum of Rs.5,00,000/- was to be paid at the time of recording of statement of the First Motion.

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Page 1 of 2

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CRL.M.C. 2252/2024

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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 21/08/2024 at 15:13:00

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b. A sum of Rs.5,00,000/- was to be paid at the time of recording of statement of the Second Motion.

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The parties are present in Court today. The Petitioners have been identified by their Counsel and the Investigating Officer. The Respondent No.2/complainant has been identified by the Investigating Officer. The Complainant/Respondent No.2 states that she has received the entire amount as per the settlement and has settled all her matrimonial disputes with the Petitioners out of her own free will, without pressure, coercion or undue influence and states that she does not want to pursue the present case any further and requests that the present FIR and the proceedings emanating therefrom may be quashed. The parties undertake that they will remain bound by the settlement and proceedings recorded before this Court.

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Considering the fact that the dispute is a matrimonial dispute and the parties have amicably settled their disputes, the present case is squarely covered under the law laid down by the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303. In view of the settlement arrived at between the parties, this Court is satisfied that no useful purpose would be served in continuing with the present proceedings. Resultantly, the FIR No.08/2020 dated 22.01.2020, registered at Police Station Bara Hindu Rao for offences punishable under Sections 498A/406/34 IPC and the proceedings emanating therefrom are hereby quashed.

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