Allowed

Shree Krishan & Ors. v. the State Govt. of NCT of Delhi and Anr.

Delhi HC7 Aug 2024CRL.M.C./5503/2024

Case brief

AI extract

What is this about?

High Court of Delhi allowed a criminal miscellaneous application to quash an FIR and ensuing proceedings. The Court found that matrimonial disputes were amicably settled by a deed, parties resumed cohabitation, and the State had no objection, deeming further prosecution an abuse of process.

What did the court decide?

FIR No. 99/2021 and all proceedings therefrom under Sections 498A, 406, 506, 34 IPC stood quashed. Pending applications disposed of.

Shree Krishan & Ors. Vs the State Govt. of NCT of… — Matrimonial and Divorce | Delhi HC (2024)

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$~43

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 07.08.2024

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- CRL.M.C. 5503/2024

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SHREE KRISHAN & ORS. .....Petitioners Through: Mr. Chiranjeev Chauhan, Adv alongwith petitioners in person.

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versus

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THE STATE GOVT. OF NCT OF DELHI AND ANR.

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.....Respondent Through: Ms. Meenakshi Dahiya, APP for the State with SI Gurtej Singh, PS Jafarpur Kalan and SI Deepika, PS Kalkaji. R-2 in person.

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CORAM:

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HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

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% J U D G M E N T

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ANOOP KUMAR MENDIRATTA, J (ORAL)

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CRL.M.A. 21015/2024

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Exemption allowed, subject to just exceptions.

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Application stands disposed of.

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CRL.M.C. 5503/2024

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1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioner for quashing of FIR No.99/2021 under Sections 498A/406/34 IPC registered at P.S.: Jafarpur Kalan and proceedings emanating therefrom. Chargesheet has been filed under Sections Sections 498A/406/506/34 IPC.

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2. Issue notice. Learned APP for the State along with respondent No. 2 in

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Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Da te:2 0.08.2024 16:49:42

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CRL.M.C. 5503/2024

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Page 1 of 3

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person appear on advance notice and accept notice.

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3. In brief, as per the case of the petitioners, marriage between petitioner No. 1 and respondent No. 2 was solemnized according to Hindu rites and ceremonies on 05.11.2017. A male child was born out of the wedlock. Due to matrimonial differences, petitioner No. 1 and respondent No. 2 started living separately. On complaint of respondent No. 2, present FIR was registered on 14.07.2021.

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4. The disputes have been amicably settled between the parties in terms of Settlement Deed dated 15.03.2023 and petitioner No. 1 and respondent No. 2 are residing together.

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5. Learned APP for the State submits that in view of amicable settlement between the parties, she has no objection in case the FIR in question is quashed.

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6. Petitioners and respondent No. 2 are present in person and have been identified by SI Deepika, PS: Jaffarpur Kalan. I have interacted with the parties and they confirm that the matter has been amicably settled between them without any threat, pressure or coercion. Respondent No. 2 also states that nothing remains to be further adjudicated upon between the parties and she has no objection in case the FIR in question is quashed.

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7. Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. It would be nothing but an abuse of the process of Court. The chances of conviction are bleak in view of amicable settlement between the parties. Consequently, FIR No. 99/2021 under Sections 498A/406/506/34 IPC registered at P.S.: Jafarpur Kalan and proceedings emanating therefrom stand quashed.

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Signature Not Verified

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CRL.M.C. 5503/2024

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Page 2 of 3

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Digitally Signed By:DINESH CHANDRA Signing Da te:2 0.08.2024 16:49:42

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Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

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A copy of this order be forwarded to learned Trial Court for information.

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ANOOP KUMAR MENDIRATTA, J

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AUGUST 7, 2024 p

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Signature Not Verified CRL.M.C. 5503/2024 Digitally Signed By:DINESH CHANDRA Signing Da te:2 0.08.2024 16:49:42

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Page 3 of 3

Shree Krishan & Ors. v. the State Govt. of NCT of Delhi and Anr.

Case brief

What is this about?

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Shree Krishan & Ors. v. the State Govt. of NCT of Delhi and Anr.

Case brief

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