Disposed

Ankit Tayal and Others v. the State & Ors.

Delhi HC11 Jul 2024W.P.(CRL)/380/2024

Case brief

AI extract

What is this about?

Petition to quash FIR under Sections 498A/406/34 IPC after matrimonial disputes were settled by deed and the marriage was dissolved by mutual-consent divorce. The State raised no objection and the complainant confirmed the settlement without coercion; the Court held continuation would be abuse of process.

What did the court decide?

FIR No. 0031/2022 under Sections 498A/406/34 IPC and proceedings emanating therefrom quashed.

Ankit Tayal and Others Vs the State & Ors. — Dowry and Cruelty | Delhi HC (2024)

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$~43

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 11.07.2024

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- W.P.(CRL) 380/2024

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ANKIT TAYAL AND OTHERS. ..... Petitioners Through: Mr.Dheeraj Kumar Teotia, Mr.Rakesh Kumar and Ms.Sangeeta Gupta, Advocates with petitioners in person.

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versus

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THE STATE AND ANR. .... Respondents Through: Ms.Rupali Bandhopadhya, ASC (Crl.) for State with SI Sonu Kumar, P.S. Sultanpuri. Respondent No.2 in person.

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CORAM:

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HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

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% J U D G M E N T

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ANOOP KUMAR MENDIRATTA, J (ORAL)

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Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioners for quashing of FIR No. 0031/2022, under Sections 498A/406/34 IPC registered at P.S.: Sultanpuri and proceedings emanating therefrom.

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In brief, as per the case of the petitioners, marriage between petitioner No.1 and respondent No. 2 was solemnized according to Hindu rites and ceremonies on 30.06.2020. No child was born out of the wedlock. Due to temperamental differences, petitioner No.1 and respondent No.2 started living separately. On complaint of respondent No. 2, present FIR was

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Signature Not Verified

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Page 1 of 3

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W.P.(CRL) 380/2024

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Digitally Signed By:DINESH CHANDRA Signing Da te:3 0.07.2024 18:52:58

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registered on 08.01.2022.

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The disputes are stated to have been amicably settled between the parties in terms of Settlement Deed dated 02.02.2022. The marriage between petitioner No. 1 and respondent No. 2 has been dissolved by decree of divorce dated 27.03.2023 by way of mutual consent under Section 13B(2) of the Hindu Marriage Act.

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Balance amount of Rs.50,000/- has been paid to respondent No.2 today through DD No.588232 dated 02.02.2024 drawn on Punjab & Sind Bank, Naraina Industrial Area Phase-I, Naraina, New Delhi Branch in favour of respondent No.2. 5. Learned ASC for the State submits that in view of amicable settlement between the parties, she has no objection in case the FIR in question is quashed.

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Petitioners No.1, 4 and 5, respondent No. 2 in person and petitioner No.2 (through VC) have been identified by SI Sonu Kumar, P.S.: Sultanpuri. Presence of petitioners No.3 and 6 is exempted. I have interacted with the parties and they confirm that the matter has been amicably settled between them without any threat, pressure or coercion. Respondent No. 2 also states that nothing remains to be further adjudicated upon between the parties and she has no objection in case the FIR in question is quashed.

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Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. Continuation of proceedings would be nothing but an abuse of the process of Court. Consequently, FIR No. 0031/2022, under Sections 498A/406/34 IPC registered at P.S.: Sultanpuri and the proceedings emanating therefrom stand quashed.

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Signature Not Verified

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Page 2 of 3

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W.P.(CRL) 380/2024

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Digitally Signed By:DINESH CHANDRA Signing Da te:3 0.07.2024 18:52:58

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Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

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A copy of this order be forwarded to learned Trial Court for information.

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ANOOP KUMAR MENDIRATTA, J.

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JULY 11, 2024 /v

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Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Da te:3 0.07.2024 18:52:58

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Page 3 of 3

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W.P.(CRL) 380/2024

Ankit Tayal and Others v. the State & Ors.

Case brief

What is this about?

What did the court decide?

Ankit Tayal and Others v. the State & Ors.

Case brief

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