The High Court of Delhi quashed an FIR under Sections 498A/406 IPC in a matrimonial dispute where the parties had amicably settled their differences, the wife retracted her complaint, and agreed to the quashing without any coercion.
FIR No. 0321/2023 and consequent proceedings arising therefrom are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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MANOJ KUMAR AND ORS .....Petitioners Through: Mr. Ashok Joshi, Advocate with petitioners in person.
versus
THE STATE (NCT) OF DELHI AND ANR. .....Respondents Through: Mr. Amit Peswani, Adv. for Ms. Nandita Rao, ASC (Crl.) for State. SI Rajesh Kumar, PS Vijay Vihar.
Mr. Gaurav Joshi and Mr. Vikas Parashar, Advs. for R-2. Respondent No. 2 in person.
CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R
% 16.10.2024
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 21/10/2024 at 11:38:35
differences, the parties have settled their disputes and are happily living together as husband and wife. It is also submitted that the petitioner No.1 and respondent No.2 have also been recently blessed with a child and that the respondent No.2 has no remaining claims or grievances against the petitioners.
MANOJ KUMAR OHRI, J
OCTOBER 16, 2024 akc
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 21/10/2024 at 11:38:35
2 issues framed by the court
Whether the FIR under Sections 498A/406 IPC should be quashed in view of a settlement between the parties.
Whether the continuation of criminal proceedings serves any useful purpose given the settlement.
1 provisions across 1 enactments
Manoj Kumar and Anr.
The State (NCT) of Delhi
Respondent No. 2
Manoj Kumar Ohri
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
