Quashed

Shubhankar Arora and Anr. v. State (Nct of Delhi) and Anr.

Delhi HC5 Sept 2024W.P.(CRL)/2719/2024

Case brief

AI extract

What is this about?

The High Court of Delhi quashed the FIR under Sections 498A/406/34 IPC upon finding that the matrimonial dispute was amicably settled, the wife rejoined the husband, and they were living happily. Citing Gian Singh, the Court held no useful purpose would be served in continuing proceedings.

What did the court decide?

FIR No.59/2024 dated 17.01.2024 registered at PS Rani Bagh under Sections 498A/406/34 IPC and all proceedings therefrom are quashed.

Shubhankar Arora and Anr. Vs State (Nct of Delhi) and… — Matrimonial and Divorce | Delhi HC (2024)

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$~83

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 2719/2024

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SHUBHANKAR ARORA AND ANR. .....Petitioners

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Through: Mr. Murari Tiwari, Mr. Rahul Kumar, Ms. Nimisha Gupta (D/9714-A/2019) and Mr. Jagvin Singh, Advocates along with Petitioners in person.

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versus

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STATE (NCT OF DELHI) AND ANR. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel for the State. Ms. Payal Dhupar (D/4046/2014), Advocate for R-2 along with Respondent No.2 in person. ASI Bijender, 6157-D, PS Rani Bagh

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CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R

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% 05.09.2024 CRL.M.A. 26706/2024 (Exemption)

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Allowed, subject to all just exceptions.

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W.P.(CRL) 2719/2024

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The present writ petition under Article 226 of the Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Petitioners for quashing FIR No.59/2024 dated 17.01.2024, registered at Police Station Rani Bagh for offences punishable under Sections 498A/406/34 IPC on the ground that the parties have amicably settled the dispute and the Respondent No.2/wife has rejoined the company of the Petitioner No.1/husband.

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Page 1 of 3

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W.P.(CRL) 2719/2024

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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 07/09/2024 at 14:36:46

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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. 4. Today, the parties are present in Court. The Petitioners have been identified by their Counsel and the Investigating Officer. The Respondent No.2/complainant has been identified by her Counsel and 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. 5. 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 the present proceedings. Resultantly, the FIR No.59/2024 dated 17.01.2024, registered at Police Station Rani Bagh for offences punishable under Sections 498A/406/34 IPC and the proceedings emanating therefrom are hereby quashed. The parties shall remain bound by the undertaking given to

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Page 2 of 3

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W.P.(CRL) 2719/2024

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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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SEPTEMBER 5, 2024 S. Zakir

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Page 3 of 3

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W.P.(CRL) 2719/2024

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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 07/09/2024 at 14:36:46

Shubhankar Arora and Anr. v. State (Nct of Delhi) and Anr.

Case brief

What is this about?

What did the court decide?

Shubhankar Arora and Anr. v. State (Nct of Delhi) and Anr.

Case brief

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