Allowed

Sher Singh and Anr. v. State through SHO Ps Dabri and Anr.

Delhi HC9 Sept 2024CRL.M.C./2745/2024

Case brief

AI extract

What is this about?

The High Court of Delhi allowed petitions under Section 482 CrPC 1973 to quash cross FIRs registered for offenses under various IPC sections. The court held that since the disputes were matrimonial in nature and parties had amicably settled via an MOU, quashing was in the interest of justice.

What did the court decide?

FIRs No. 217/2023 and 125/2023 and all consequential proceedings are quashed without prejudice to the rights of the child.

Sher Singh and Anr. Vs State through SHO Ps Dabri and… — Matrimonial and Divorce | Delhi HC (2024)

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$~84 & 90

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 2745/2024

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SHER SINGH AND ANR .....Petitioners Through: Mr. Rishi Kant Mishra, Mr. Rajan Aggarwal and Mr. Rajiv Singh, Advocates

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versus

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STATE THROUGH SHO PS DABRI AND ANR .....Respondents Through: Mr. Satish Kumar, APP for the State + CRL.M.C. 2743/2024

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SHYAM SINGH & ORS. .....Petitioners

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Through: Counsel(Appearance not given)

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versus

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STATE (NCT OF DELHI) & ANR. .....Respondents Through: Mr. Satish Kumar, APP for the State with SI Deepika PS Kalkaji

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CORAM:

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HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

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O R D E R % 09.09.2024 CRL.M.A. 27182/2024 & CRL. M.A. 27254/2024(early hearing)

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For the reasons stated therein, the Application is allowed and the matter is taken up today itself.

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Applications accordingly disposed of.

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CRL.M.C. 2745/2024 & CRL.M.C. 2743/2024

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The petitioners vide the present petitions under Section 482 of the Cr.P.C, 1973 seek quashing of cross FIRs No. 217/2023 and 125/2023

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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 17/09/2024 at 12:07:27

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registered under Sections 354/354(B)/506/509/34 IPC & 323/341/354/354(B)/376/509/34 IPC, registered at P.S. Dabri, New Delhi and all proceeding emanating therefrom in view of the Settlement arrived at between the parties.

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Issue notice. Learned APP accepts notice on behalf of the State. 5. A request for quashing of the FIR has been made on account of the Settlement inter se the parties. It is stated that essentially the disputes between the parties are matrimonial and occurred between the complainant in CRL.M.C. 2743/2024 and the complainant in CRL.M.C. 2745/2024. The parties have entered into MOU dated 23.12.2023 and have amicably settled all their disputes. The MOU states that the couple in CRL.M.C. 2743/2024 shall take a divorce by mutual consent after the quashing of the FIRs. In CRL.M.C. 2743/2024, the petitioner No. 1 Shyam Singh has handed over a Bank Draft bearing No. 003782 to Ms. Deepika in light of the terms of Settlement. The parties agree to remain bound by the terms of settlement.

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The parties are present before this Court in person today, and have been identified by their counsel and Investigating Officer concerned. 7. Today, the complainants who are present in Court state that they have no objection if the FIR is quashed.

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In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. Moreover, there is no legal impediment in quashing the FIRs in question.

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Accordingly cross FIRs No. 217/2023 and 125/2023 registered under

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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 17/09/2024 at 12:07:27

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Sections 354/354(B)/506/509/34 IPC & 323/341/354/354(B)/376/509/34 IPC, registered at P.S. Dabri, New Delhi and all consequential proceedings emanating therefrom are quashed, without prejudice to the rights of the child.

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The petitions stand disposed of.

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The date already fixed stands cancelled.

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NEENA BANSAL KRISHNA, J

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SEPTEMBER 9, 2024/PT

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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 17/09/2024 at 12:07:27

Sher Singh and Anr. v. State through SHO Ps Dabri and Anr.

Case brief

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Sher Singh and Anr. v. State through SHO Ps Dabri and Anr.

Case brief

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