Quashed

Ankit and Others v. the State NCT of Delhi and Anr.

Delhi HC1 Jul 2024CRL.M.C./4890/2024

Case brief

AI extract

What is this about?

The High Court quashed an FIR registered under Sections 498-A, 406, and 34 IPC arising from a matrimonial dispute, noting that the parties had settled their disputes by mutual consent, obtained a divorce, and the respondent had received the full settlement amount.

What did the court decide?

FIR No. 312/2021 and consequent proceedings quashed, subject to encashment of the demand draft of Rs.60,000/-.

Ankit and Others Vs the State NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2024)

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$~6

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 4890/2024 & CRL. M.As. 18665-66/2024

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ANKIT AND OTHERS ..... Petitioners

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Through: Mr. Manoj Kumar Singh, Advocate with petitioners in person.

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versus

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THE STATE NCT OF DELHI AND ANR ..... Respondents Through: Mr. Sanjeev Sabharwal, APP for State with SI Kapil Singh PS Timarpur, Delhi. Mr. Ratnesh Rajmurti, Advocate for respondent No.2 with respondent No.2 in person.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R

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% 01.07.2024

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The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 312/2021 registered under Sections 498-A/406/34 IPC at P.S. Timarpur, Delhi on the ground that the parties have amicably settled their disputes.

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The present FIR is an outcome of a matrimonial dispute between the complainant/respondent No. 2 (wife) and petitioner No. 1 (husband) and petitioner Nos. 2 and 3 are mother-in-law and sister-in-law of the complainant/respondent No.2.

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Mr. Sanjeev Sabharwal, APP for State submits that in the present case petitioners are the only accused persons and respondent No. 2 is the complainant/victim. He further states that the charge-sheet has already been filed.

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Learned counsel for the petitioners submits that the parties have

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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 23/07/2024 at 14:50:17

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settled their disputes before the Delhi Mediation Centre, Tis Hazari Courts, on 31.07.2023. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 05.12.2023 passed by the Family Court, Central, Tis Hazari Court, Delhi in HMA No. 2039/2023. It was agreed that a sum of Rs.1,80,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No. 2 towards her claims qua maintenance, stridhan, alimony, etc. It is further submitted that out of the settled amount of Rs.1,80,000/-, remaining balance amount of Rs.60,000/- is being paid today through a demand draft bearing number 534604 drawn on Punjab National Bank, G.T. Road, Panipat, Haryana a photocopy of which has been placed on record.

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Petitioners and respondent No.2, who are present in Court, have been identified by their counsel.

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Respondent No. 2 states that she has settled her disputes with petitioner No.1 of her own free will, volition and without any coercion. She also acknowledges the receipt of entire settled amount and submits that she has no objection in case the FIR is quashed against the petitioners subject to encashment of the demand draft of Rs.60,000/- handed over to her today.

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Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

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The parties shall remain bound by the statements and undertaking made in Court today.

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In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to encashment of aforesaid demand draft of Rs.60,000/-.

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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 23/07/2024 at 14:50:17

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With the above directions, the petition is disposed of alongwith miscellaneous applications.

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MANOJ KUMAR OHRI, J

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JULY 1, 2024 / rd

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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 23/07/2024 at 14:50:17

Ankit and Others v. the State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Ankit and Others v. the State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

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