Quashed

Rajesh Kumar & Ors. v. State of Delhi & Anr.

Delhi HC22 May 2024CRL.M.C./4212/2024

Case brief

AI extract

What is this about?

The Delhi High Court quashed an FIR registered under Section 498A IPC by invoking inherent powers under Section 482 Cr.P.C., holding that since the parties had amicably settled their differences voluntarily and were living together, no useful purpose would be served by continuing the trial. The petition was disposed of.

What did the court decide?

FIR no. 209/2022 and all consequential proceedings emanating therefrom under Sections 498A/406/34 IPC are quashed.

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

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$~61

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 4212/2024

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RAJESH KUMAR & ORS. ..... Petitioners Through: Ms. Nikita Marwaha and Mr. Pradeep Dagar, Advocates along with petitioners.

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versus STATE OF DELHI & ANR. ..... Respondents Through: Mr. Satish Kumar, APP for the State with Mr. Pranshu and Ms. Jeetanshi, Advocates and SI Durgesh and ASI Naresh Singh, P.S. Dabri. Respondent no. 2 in person.

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CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

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O R D E R % 22.05.2024

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The instant petition under Section 482 of the Code of Criminal Procedure, 1973 ( ‘Cr.P.C.’ ) has been filed on behalf of petitioners seeking quashing of FIR bearing no. 209/2022, registered at Police Station Dabri, Delhi for the offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 ( ‘IPC’ ) and all consequential proceedings emanating therefrom.

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Issue notice. Mr. Satish Kumar, learned APP accepts notice on behalf of State.

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All the petitioners are present before this Court and have been

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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 27/05/2024 at 12:42:19

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identified by their counsel Ms. Nikita Marwaha and Investigating Officer (IO) ASI Naresh Singh from Police Station Dabri, Delhi.

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4. Brief facts of the present case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 16.02.2021 as per Hindu rites and Ceremonies at Delhi. It is stated that due to temperamental differences and personal misunderstanding, the respondent no. 2 had filed a complaint against the petitioners, before CAW Cell, Dwarka, Delhi. On the complaint of respondent no. 2, the present FIR bearing no. 209/2022 was registered at Police Station Dabri, Delhi against the petitioners for offence punishable under Sections 498A/406/34 of IPC. It is stated that during the pendency of the case, both the parties have amicably settled all their disputes vide Compromise Deed dated 13.05.2023. It is stated that petitioner no. 1 and respondent no. 2 were blessed with a baby girl.

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On the query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent No.2 that the entire dispute has been amicably settled/compromised between them and they have been living together for the last two years along with the minor child. Respondent no. 2 further stated that she has no objection if FIR may be quashed. 6. In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

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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 27/05/2024 at 12:42:19

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Accordingly, FIR bearing no. 209/2022, registered at Police Station Dabri, Delhi for the offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

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In view of above, the petition stands disposed of.

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The order be uploaded on the website forthwith.

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SWARANA KANTA SHARMA, J

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MAY 22, 2024/ZP

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Click here to check corrigendum, if any

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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 27/05/2024 at 12:42:19

Rajesh Kumar & Ors. v. State of Delhi & Anr.

Case brief

What is this about?

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Rajesh Kumar & Ors. v. State of Delhi & Anr.

Case brief

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