Allowed

Rajnish & Ors. v. State of NCT of Delhi & Anr.

Delhi HC5 Aug 2024CRL.M.C./3607/2024

Case brief

AI extract

What is this about?

High Court allowed petition to quash FIR under various IPC sections. FIR quashed upon satisfaction of settlement terms and payment of final installment, considering remote chances of conviction and potential misuse of process. Parties directed to abide by settlement.

What did the court decide?

FIR No.726/2022 and proceedings thereunder quashed; parties directed to abide by settlement terms.

Rajnish & Ors. Vs State of NCT of Delhi & Anr. — Matrimonial and Divorce | Delhi HC (2024)

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$~30

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 3607/2024 & CRL.M.A. 16182/2024.

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RAJNISH & ORS. .....Petitioners

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Through: Mr Nivesh Sharma , Ms Ritu Singh, Mr Aman Kashyap and Mr Kashish Bhatia, Advs.

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versus

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STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Amit Ahlawat, APP for the State with SI Manisha, PS Punjabi Bagh. Ms. Urvashi Arya, Adv. for R-2.

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 05.08.2024

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This petitioner has been filed for quashing of FIR No.726/2022 PS Punjabi Bagh under Sections 498A/406/376/377/120B/34 IPC on the basis of a settlement arrived at between the parties dated 24^th November, 2023 through the facilitation of the Delhi High Court Mediation and Conciliation Centre, which is on record.

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As per the settlement, an amount of Rs.10,50,000/- had to be paid in three equal installments, out of which the last and final installment of Rs.3,50,000/- is being tendered vide DD No.008329 drawn on Axis Bank Ltd. received by respondent No.2 in Court and duly acknowledged.

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Petitioner and respondent No.2 were married on 10^th August, 2021. No child was born out of wedlock. The marriage has resulted in a divorce by decree dated 21^st February, 2024.

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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 02/07/2025 at 07:43:40

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Petitioner Nos.1-3 were exempted from appearance for the last date. Respondent No.2/complainant is present in Court and duly confirms her no objection to the quashing of said FIR and is duly identified by the IO.

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Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No.726/2022 PS Punjabi Bagh under Sections 498A/406/376/377/120B/34 IPC and proceedings emanating therefrom are quashed.

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Parties shall abide by the terms of settlement.

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Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

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The next date i.e. 16^th August, 2024, already fixed, stands cancelled.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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AUGUST 5, 2024/MK

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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 02/07/2025 at 07:43:40

Rajnish & Ors. v. State of NCT of Delhi & Anr.

Case brief

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Rajnish & Ors. v. State of NCT of Delhi & Anr.

Case brief

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