Petitioner sought quashing of domestic violence and cruelty FIR citing amicable settlement and divorce. Court noted full payment under MoU and recorded complainant's voluntary consent. Quashed FIR and proceedings in interest of justice.
FIR No. 943/2020 and all consequential proceedings were quashed.
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$~53
Through: Mr. D.K. Sharma, Advocate alongwith petitioners in person
versus
THE STATE NCT OF DELHI AND ANR. ..... Respondents
Through: Mr. Satish Kumar, APP for the State with SI Ashish, P.S. Dabri and ASI Sunita, P.S. Uttam Nagar Respondent no. 2 in person
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
CRL.M.A. 905/2024 (exemption)
CRL.M.C. 230/2024
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 13/05/2024 at 12:51:14
of the State.
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 13/05/2024 at 12:51:14
consent from the concerned Court.
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 13/05/2024 at 12:51:14
Dabri, Delhi for offence punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed.
SWARANA KANTA SHARMA, J
JANUARY 10, 2024/ns
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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 13/05/2024 at 12:51:14
3 issues framed by the court
Whether FIR under Sections 498A/406/34 IPC and consequential proceedings should be quashed on account of amicable settlement and compromise.
Whether quashing of FIR in matrimonial dispute causes harm to public order or involves scandalizing judiciary.
Whether accused is entitled to relief of quashing upon payment of settlement amount and obtaining divorce decree.
2 provisions across 2 enactments
Rupesh Kumar Mahto
The State NCT of Delhi
Wife of Petitioner
Swarana Kanta Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
