Petition under Section 482 CrPC sought quashing of FIR alleging offences against petitioner in matrimonial dispute. Court found petitioner concealed vital facts including framing of charges, approached court with unclean hands, and dismissed the petition.
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versus
STATE OF NCT OF DELHI AND ANR. ..... Respondents Through: Mr.Satinder Singh Bawa, APP with WSI Sanju Kumari.
CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA O R D E R % 06.05.2024
CRL.M.A. 13694/2024 (Exemption)
CRL.M.C. 3562/2024 & CRL.M.A. 13695/2024
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 09/05/2024 at 11:43:35
filed such a complaint with the police, whereupon the petitioner was picked up on 12.08.2023 and unlawfully detained for almost 7 hours. During the course of his detention, he was forced to sign a statement declaring that he will give divorce to the respondent no.2 by mutual consent. He submits that the child was also taken to counselling, wherein she stated that she was not subjected to any sexual assault. He submits that the respondent no.2 sent a WhatsApp message and also an email containing the Memorandum of Understanding and also the draft of the divorce petition. He submits that against the illegal detention of the petitioner, the petitioner had filed a complaint with the Deputy Commissioner of Police, Police Station: Vasant Vihar, with copy of the same marked to the Commissioner of Police, on 16.08.2023. The petitioner has also filed an application seeking Anticipatory Bail, wherein respondent no.1 has filed a Status Report, in which it is clearly stated that no FIR was registered against the petitioner. On the said statement, the bail application was disposed of vide order dated 18.08.2023 passed by the learned ASJ-02, Dwarka Courts, Delhi.
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record by the petitioner. Even though the petition runs into 29 pages, it does not even mention that the charges have been framed against the petitioner.
NAVIN CHAWLA, J
MAY 6, 2024/Arya/am
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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 09/05/2024 at 11:43:35
2 issues framed by the court
Whether the FIR under IPC and POCSO arising from matrimonial disputes should be quashed under Section 482 CrPC.
Whether a petitioner concealing material facts is entitled to quashing relief.
3 provisions across 3 enactments
Parbhat Kumar Singh
State of NCT of Delhi
Respondent No. 2
Navin Chawla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
