Allowed

Ravi Kant Pandey & Ors. v. the State ( N C T of Delhi) & Anr.

Delhi HC3 Jul 2024CRL.M.C./4966/2024

Case brief

AI extract

What is this about?

The Court allowed a petition for quashing of an FIR registered under Sections 498A/406/34 IPC based on a settlement deed executed via the Delhi High Court Mediation and Conciliation Centre, subject to the rights of the minor child remaining unaffected.

What did the court decide?

FIR No. 0111/2021 registered under Sections 498A/406/34 IPC registered at PS Neb Sarai and proceedings emanating therefrom are quashed.

Ravi Kant Pandey & Ors. Vs the State ( N C T of Delhi)… — Matrimonial and Divorce | Delhi HC (2024)

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$~8

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 4966/2024

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RAVI KANT PANDEY & ORS. .....Petitioner

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Through:

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versus

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THE STATE ( N C T OF DELHI) & ANR. .....Respondent Through: Mr. Nawal Kishore Jha, APP for the State with ASI S. Hussain, PS: Neb Sarai. Mr. Anuj Jain, Advocate for R-2.

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 03.07.2024

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CRL.M.A. 18991/2024 (Exemption)

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Exemption allowed subject to just exceptions.

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Accordingly, application stands disposed of.

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CRL.M.C. 4966/2024

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This petition has been filed seeking quashing of FIR No.0111/2021 on the basis of settlement arrived at between the partes dated 10^th January, 2024, through the facilitation of Delhi High Court Mediation and Conciliation Centre, which is placed on record. The said FIR was registered under Sections 498A/406/34 IPCat PS Neb Sarai.

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The marriage of petitioner no.1 and respondent no.2 was solemnized on 12^th May, 2018. One male child was born out of wedlock. As per the settlement,

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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 02/07/2025 at 11:11:32

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an amount of Rs. 20,50,000/- has been agreed to be paid by petitioner no. 1 to respondent no.2. An amount of Rs. 9,50,000/- has already been paid which is duly acknowledged by respondent no.2.

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Balance amount of Rs. 11 lacs is being paid by way of DD No. 288206 dated 08.05.2024 drawn on State Bank of India, which is being received by counsel for respondent no.2. Respondent no.2 acknowledges the receipt of the balance amount of Rs. 11 lacs through the aforesaid draft which has been handed over to counsel Mr. Anuj Jain in Court.

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Petitioner no.1 is present in Court while respondent no.2 appears through VC, and are duly identified by the IO and the respective counsel. 5. Petitioner no.2-3 are the mother and the sister of petitioner no.1, former being a senior citizen, and the latter being in advance stages of pregnancy and therefore cannot appear in the Court; their appearance is accordingly exempted. 6. Affidavit of respondent no.2 having no objection of the quashing of the said FIR is also on record. 7. 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. 0111/2021under Sections 498A/406/34 IPCregistered at PS Neb Sarai and proceedings emanating therefrom are quashed.

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It is however made clear that the said settlement will not affect the rights of the minor child in future.

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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)

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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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JULY 3, 2024/RK

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Click here to check corrigendum, if any

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Ravi Kant Pandey & Ors. v. the State ( N C T of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Ravi Kant Pandey & Ors. v. the State ( N C T of Delhi) & Anr.

Case brief

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