Allowed

Nand Ram v. State Anr.

Delhi HC3 Apr 2024CRL.M.C./2622/2024

Case brief

AI extract

What is this about?

Delhi High Court quashed an FIR under Section 498A IPC in a domestic dispute where parties amicably settled their differences via a dated 2018 agreement. The respondent voluntarily stated no coercion existed and opposed no quashing, allowing the court to uphold quashing for justice.

What did the court decide?

FIR No.188/2012 registered at Police Station Bhalswa Dairy under Section 498A IPC and all consequential proceedings are quashed.

Nand Ram Vs State Anr. — Domestic Violence | Delhi HC (2024)

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$~55

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 2622/2024

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NAND RAM ..... Petitioner Through: Mr. Zeeshan Diwan, Mr.Ahmed Faraz, Advocates along with petitioner in person. versus STATE ANR. ..... Respondents Through: Mr. Naresh Kumar Chahar, APP for State with SI Naresh, P.S. Bhalswa Dairy, Delhi. Mr. Vinayak Bhandari & Ms. Jaisal Singh, Advocates for R-2 along with R-2 in person.

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CORAM:

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HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

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O R D E R

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% 03.04.2024

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CRL.M.A. 10001/2024 & 10002/2024 (exemption)

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Allowed, subject to all just exceptions.

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Applications stand disposed of.

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CRL.M.C. 2622/2024

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The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) has been filed by the six petitioners seeking quashing of FIR bearing No.188/2012 dated 09.10.2012, registered at Police Station Bhalswa Dairy, District North West, Delhi for offences punishable

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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 05/04/2024 at 12:18:36

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under Section 498A of the Indian Penal Code, 1860.

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Issue notice. Mr. Naresh Kumar Chahar, learned APP accepts notice on behalf of the State.

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Briefly stated the facts of the present case are that the marriage of the petitioner and respondent no.2 was solemnized on 01.06.2006 as per Hindu rites and ceremonies and there are four children born out of the wedlock. Due to temperamental differences between the parties, the respondent no.2 filed a complaint and the present FIR was registered.

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Petitioner is present before this Court and has been identified by his counsel Mr. Zeeshan Diwan and Investigating Officer (IO) SI Naresh, Police Station, P.S. Bhalswa Dairy, Delhi.

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On the query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent No.2 that the entire dispute has been amicably settled/compromised between them by way of Settlement Agreement dated 16.01.2018 and they have been living together along with children. Respondent no. 2 further stated that she has no objection if FIR may be quashed.

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In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

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Accordingly, FIR bearing No.188/2012 dated 09.10.2012, registered

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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 05/04/2024 at 12:18:36

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at Police Station Bhalswa Dairy, District North West, Delhi for offences punishable under Section 498A of the IPC and all consequential proceedings emanating therefrom are quashed.

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The petition stands disposed of.

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The order be uploaded on the website forthwith.

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SWARANA KANTA SHARMA, J

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APRIL 03, 2024/ hs

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Click here to check corrigendum, if any

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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 05/04/2024 at 12:18:36

Nand Ram v. State Anr.

Case brief

What is this about?

What did the court decide?

Nand Ram v. State Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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