Allowed

Kunal Singhal & Ors. v. State NCT of Delhi & Anr.

Delhi HC20 Aug 2024W.P.(CRL)/2533/2024

Case brief

AI extract

What is this about?

Privy Council ordered quashing of FIR No.471/2021 registered for matrimonial disputes under Sections 406/498A/34 IPC. The High Court held that since parties settled amicably and the wife rejoined the husband's company, no useful purpose is served in continuing proceedings, relying on Gian Singh.

What did the court decide?

FIR No.471/2021 dated 25.08.2021 registered at Police Station Swaroop Nagar for offences punishable under Sections 406/498A/34 IPC and the proceedings emanating therefrom are hereby quashed.

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

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$~119

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(CRL) 2533/2024 KUNAL SINGHAL & ORS. .....Petitioners Through: Mr. Vikas Sharma (D/957/2011), Ms. Manvi Rajvanshy and Mr. Yogesh Aggarwal, Advocates along with Petitioners in person.

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versus

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STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel for the State with Abhinav Kumar Arya and Mr. Priyam Agarwal, Advs. SI Neelam (D-2839), PIS No. 16180013, PS Swaroop Nagar. Respondent No.2/Complainant in person.

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CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R

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% 20.08.2024

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CRL.M.A. 24707/2024 (Exemption)

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Allowed, subject to all just exceptions.

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W.P.(CRL) 2533/2024

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The present petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 read with Article 226 of the Constitution of India has been filed by the Petitioners for quashing FIR No.471/2021 dated 25.08.2021, registered at Police Station Swaroop Nagar for offences punishable under Sections 406/498A/34 IPC on the ground that the parties have amicably settled the dispute and the Respondent No.2/wife has rejoined the company

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Page 1 of 3

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W.P.(CRL) 2533/2024

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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 27/08/2024 at 11:52:21

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of the Petitioner No.1/husband. The present FIR is the outcome of a matrimonial dispute between the parties.

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As per the petition, the parties have settled all their disputes amicably and the Respondent No.2/wife has rejoined the company of the Petitioner No.1/husband and they have started living together happily.

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It is stated that the Respondent No.2/wife does not have any objection if the FIR against the Petitioners is quashed as she has already rejoined the company of the Petitioner No.1/husband.

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Today, the Parties are present in Court. The Petitioners No.1 to 3 are present in Court and the Petitioner No.4 has joined the proceedings through video conferencing. The Petitioners have been identified by their Counsel and the Investigating Officer. The Respondent No.2/wife has been identified by the Investigating Officer. The Respondent No.2/wife states that she has rejoined the company of the Petitioner/husband and living happily with him and has settled all her 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 with the present case any further and request that the present FIR and the proceedings emanating therefrom may be quashed. The Parties undertake that they will remain bound by the proceedings recorded before this Court.

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In view of the fact that Settlement has arrived at between the Parties and the instant case is squarely covered by the law laid down by the Supreme Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303 and the Respondent No.2/wife has rejoined the company of the Petitioner/husband and they have started living together happily, this Court is of the opinion that no useful purpose would be served in continuing with

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Page 2 of 3

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W.P.(CRL) 2533/2024

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the present proceedings. Resultantly, the FIR No.471/2021 dated 25.08.2021, registered at Police Station Swaroop Nagar for offences punishable under Sections 406/498A/34 IPC and the proceedings emanating therefrom are hereby quashed. The parties shall remain bound by the undertaking given to the Court.

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The petition stands disposed of in the above terms, along with pending application(s), if any.

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SUBRAMONIUM PRASAD, J

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AUGUST 20, 2024 S. Zakir

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Page 3 of 3

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W.P.(CRL) 2533/2024

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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 27/08/2024 at 11:52:21

Kunal Singhal & Ors. v. State NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Kunal Singhal & Ors. v. State NCT of Delhi & Anr.

Case brief

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What did the court decide?

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