The Delhi High Court quashed an FIR filed under matrimonial offences. The matter was settled between the husband and wife, resulting in a divorce decree and full payment of claimed dues. Both parties and the State prosecutor supported the quashing.
FIR No. 346/2022 under Sections 498A/406/34 IPC is quashed.
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NITISH GAKHAR AND OTHERS ..... Petitioners Through: Mr. Utsa Srivastava and Mr. Nishant Singh, Advocates alongwith petitioners in person.
versus STATE OF NCT DELHI AND ANOTHER ..... Respondents Through: Mr. Sunil Kumar Gautam, APP for the State. SI S.Bala, PS Prashant Vihar. Mr. Abhishek Saxena, Ms. Mumtaz Shaikh and Ms. Kamini Singh, Advocates for R-2 alongwith R-2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R % 10.05.2024
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 15/05/2024 at 11:41:46
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 15/05/2024 at 11:41:46
settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed.
“61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.”
AMIT SHARMA, J
MAY 10, 2024 /sn
Click here to check corrigendum, if any
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 15/05/2024 at 11:41:46
2 issues framed by the court
Whether the FIR registered under matrimonial offences should be quashed in light of the post-settlement of disputes and divorce decree.
Whether the continuation of criminal proceedings amounts to an abuse of the process of law given the amicable resolution.
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
Nitish Gakhar
State of NCT Delhi
Amit Sharma
As recorded by the court registry
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