Quashed

Sh Amir Khan & Ors. v. State Govt of NCT of Delhi and Anr.

Delhi HC5 Sept 2024W.P.(CRL)/2724/2024

Case brief

AI extract

What is this about?

The High Court of Delhi quashed an FIR arising from a matrimonial dispute where the parties had amicably settled. The court observed a divorce had been granted and the remaining settlement amount was paid, directing quashing subject to encashment of a demand draft.

What did the court decide?

Quashed the FIR No.0514/2023 and consequent proceedings subject to encashment of the demand draft. Disposed of pending applications.

Sh Amir Khan & Ors. Vs State Govt of NCT of Delhi and… — Matrimonial and Divorce | Delhi HC (2024)

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$~76

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 2724/2024 and CRL.M.A. 26739/2024

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SH AMIR KHAN & ORS. .....Petitioners

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Through: Mr.S.H. Ansari, Advocate with petitioners in person

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versus

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STATE GOVT OF NCT OF DELHI AND ANR .....Respondents Through: Mr.Sanjay Lao, Standing Counsel for State with Mr.Abhinav Kumar and Mr.Priyam Agrawal, Advocates with SI Pankaj Kumar

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

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O R D E R

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% 05.09.2024

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By way of present petition, the petitioners seek quashing of FIR No.0514/2023 registered under Sections 498A/406/506/34 IPC at P.S. Nangloi, West Delhi on the ground that the parties have amicably settled their disputes.

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The present FIR is an outcome of a matrimonial dispute between the complainant/respondent No. 2 (wife) and petitioner No.1 (husband) whereas petitioner Nos.2 to 9 are the in-laws of the complainant.

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Learned Standing Counsel for the State submits that the petitioners are the only accused persons and respondent No.2 is the complainant/victim.

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Learned counsels for the parties submit that the parties have settled their dispute vide MOU dated 12.12.2023. It is stated that petitioner No.1 and respondent No.2 have already been granted divorce/ talaq in accordance

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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 11/09/2024 at 12:47:36

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with muslim personal law. It is further submitted that out of the settlement amount, the balance amount of Rs.2,40,000/- is being paid today through a demand draft bearing No.182631 dated 22.08.2024 drawn on Union Bank. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the petitioners.

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The petitioners, who are present in the Court, have been identified by their counsel as well as by the Investigating Officer. Respondent No.2, who is present in the Court, has been identified by the Investigating Officer

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Respondent No.2 states that she has entered into the aforesaid MOU out of her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed subject to encashment of the aforesaid demand draft handed over to her in Court today.

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Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

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The parties shall remain bound by the statements made in Court today.

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In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed subject to encashment of the aforesaid demand draft.

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The petition is disposed of in the above terms alongwith the pending applications.

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MANOJ KUMAR OHRI, J

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SEPTEMBER 5, 2024 na

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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 11/09/2024 at 12:47:36

Sh Amir Khan & Ors. v. State Govt of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Sh Amir Khan & Ors. v. State Govt of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

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