Quashed

Mr. Kurian P. Mani & Ors. v. State (the NCT of Delhi) & Anr.

Delhi HC5 Jan 2024CRL.M.C./5103/2023

Case brief

AI extract

What is this about?

High Court Delhi quashed FIR 3269/2015 and consequent proceedings under Section 482 CrPC following an amicable settlement between petitioner husband and wife complainant, who had already obtained a divorce decree and fulfilled financial terms.

What did the court decide?

Quashing of FIR No. 3269/2015, consequent proceedings, and CR Case No. 2958/2022 pending before Mahila Court, South District, Saket, New Delhi.

Mr. Kurian P. Mani & Ors. Vs State (the NCT of Delhi)… — Matrimonial and Divorce | Delhi HC (2024)

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$~12

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 5103/2023 & CRL.M.As. 19388-19389/2023

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MR. KURIAN P. MANI & ORS. ..... Petitioners Through: Ms. Anshika Bajpai, Ms. V. Ranjith Shankar, Mr. Shiju Abraham Vergis and Mr. V. Shyamohn, Advocates for petitioners along with petitioners through VC.

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versus

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STATE (THE NCT OF DELHI) & ANR. ..... Respondents Through: Mr. Hitesh Vali, APP for State with SI Karan Pal, PS Mehrauli, New Delhi.

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Mr. Akshat Gogna, Advocate for respondent No.2 along with respondent No.2 through VC.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 05.01.2024

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The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 3269/2015 registered under Sections 498A/406/34 IPC at P.S. Mehrauli, 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) whereas petitioner Nos. 2 and 3 are the in-laws of the complainant.

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Mr. Hitesh Vali, learned APP for the State, submits that in the present case the petitioners are the only accused persons and respondent No. 2 is the only complainant/victim.

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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 16/05/2024 at 12:16:25

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Learned counsel for the petitioners submits that the parties have entered into an Agreement dated 03.02.2017. It is stated that the parties have already been granted divorce vide decree of dissolution dated 20.05.2017 which is not under challenge. As per the terms of settlement, it was agreed that a sum of Rs.5,00,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No. 2 alongwith the gold articles. The terms have already been complied with.

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Petitioners are identified by their as well as by the I.O./SI Karan Pal, PS Mehrauli, New Delhi.

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Respondent No. 2, who is present in the Court, is identified by the I.O./SI and states that she has entered into the aforesaid Agreement out of her own free will, volition and without any coercion.

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Respondent no.2 further states that she has no objection if the present FIR and consequent proceedings are quashed and that in terms of the aforesaid respondent No.2/complainant, is now left with no claim whatsoever against the petitioners.

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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 emanating therefrom as well as CR Case No.2958/2022 pending before Mahila Court, South District, Saket, New Delhi are hereby quashed.

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With the above directions, the petition along with pending

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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 16/05/2024 at 12:16:25

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applications is disposed of.

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MANOJ KUMAR OHRI, J

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JANUARY 5, 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 16/05/2024 at 12:16:25

Mr. Kurian P. Mani & Ors. v. State (the NCT of Delhi) & Anr.

Case brief

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What did the court decide?

Mr. Kurian P. Mani & Ors. v. State (the NCT of Delhi) & Anr.

Case brief

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What the court decided

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