Quashed

Parth@ Pravin Bhai & Ors. v. State of NCT of Delhi & Anr.

Delhi HC8 Feb 2024CRL.M.C./2858/2023

Case brief

AI extract

What is this about?

This order quashes an FIR and proceedings under Sections 498A and 406 IPC registered under a matrimonial dispute. The court found that the petitioners and the complainant had mutually settled their disputes via an MOU and obtained a divorce by mutual consent, rendering further criminal proceedings unnecessary.

What did the court decide?

The FIR No.1173/2018 and the consequent proceedings arising therefrom are quashed.

Parth@ Pravin Bhai & Ors. Vs State of NCT of Delhi… — Matrimonial and Divorce | Delhi HC (2024)

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$~37

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 2858/2023

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PARTH@ PRAVIN BHAI & ORS. ..... Petitioners

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Through: Ms.Ankita Shah, Advocate with petitioners in person

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versus

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STATE OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Kartar Singh Respondent No.2 in person

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CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

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O R D E R

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% 08.02.2024

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CRL.M.A. 10693/2023 (exemption)

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Allowed, subject to all just exceptions.

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Application is disposed of.

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CRL.M.C. 2858/2023

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By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.1173/2018 registered under Sections 498A/406 IPC at P.S. Uttam Nagar, 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 4 are the in-laws of the complainant.

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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 16/12/2024 at 14:27:16

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Learned APP 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 counsel for the petitioners submits that the parties have settled their dispute vide Memorandum of Understanding dated 20.12.2022 arrived at before the Gujarat High Court Mediation Centre, Ahmadabad. It is further stated that the parties have already been granted divorce by mutual consent vide divorce decree dated 09.03.2023 passed by the Family Court, Bharuch in FS No.21/2023. It was agreed that a sum of Rs.9,00,000/- would be paid as full and final settlement by petitioner No.1 to respondent No. 2. 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 and the Investigating Officer. Respondent No.2, who is also present in Court, is identified by the Investigating Officer.

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Respondent No. 2 states that she has entered into the aforesaid Memorandum of Understanding with 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.

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Learned counsels for the parties submit 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.

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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 16/12/2024 at 14:27:16

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The petition is disposed of in the above terms.

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MANOJ KUMAR OHRI, J

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FEBRUARY 8, 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 16/12/2024 at 14:27:16

Parth@ Pravin Bhai & Ors. v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Parth@ Pravin Bhai & Ors. v. State of NCT of Delhi & Anr.

Case brief

What is this about?

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