Allowed

Manoj Kumar & Ors. v. the State NCT of Delhi and Anr.

Delhi HC13 Aug 2024CRL.M.C./4262/2024

Case brief

AI extract

What is this about?

The High Court of Delhi allowed a petition to quash an FIR under Sections 498A/406/34 IPC. The court noted a settlement was reached involving payment of a balance amount, deemed the chances of conviction remote, and ordered the quashing of the FIR to prevent misuse of process and burden on the State.

What did the court decide?

Quashing of FIR No.53/2021 PS Maidan Garhi under Sections 498A/406/34 IPC and proceedings therefrom.

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

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$~16

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 4262/2024

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MANOJ KUMAR & ORS. .....Petitioners

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Through: Ms. Gunjan Sinha Jain, Adv. (DHCLSC) with Mr. Akshay Kumar and Mr. Devashish, Advs.

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versus

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THE STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Hitesh Vali, APP for the State with Mr. Deepankar Kataria, Adv. with SI Manisha Sharma, PS Maidan Garhi. Mr. Ekram Ali Ansari, Adv. for R-2.

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 13.08.2024

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This petition has been filed seeking quashing of FIR No.53/2021 PS Maidan Garhi under Sections 498A/406/34 IPC basis of settlement dated 31^st , August, 2023, arrived at with the facilitation of Counselling Cell, Family Court, Saket, New Delhi, which is on record of this Court.

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Petitioner Nos.1-7 and respondent No.2/complainant are present in Court (except for petitioner No.6 who is exempted) and duly identified by the IO and their respective counsels.

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As per the settlement, an outstanding balance of Rs.20,000/- is tendered vide DD No.427626 drawn on Kotak Mahindra Bank and duly received by respondent No.2 in Court.

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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 16/08/2024 at 11:40:44

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The marriage of the petitioner No.1 and respondent No.2 was solemnised on 23^rd January, 2014, but due to marital discord, the marriage has resulted in a divorce by decree dated 20^th November, 2023. No child was born out of wedlock.

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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.53/2021 PS Maidan Garhi under Sections 498A/406/34 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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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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AUGUST 13, 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 16/08/2024 at 11:40:44

Manoj Kumar & Ors. v. the State NCT of Delhi and Anr.

Case brief

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What did the court decide?

Manoj Kumar & Ors. v. the State NCT of Delhi and Anr.

Case brief

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