The Delhi High Court quashed an FIR registered under dowry-related offences after finding that the parties had amicably settled the dispute through a Memorandum of Understanding and the respondent received the agreed settlement amount voluntarily.
Quashing of FIR bearing No. 305/2020 dated 20.08.2020 and all consequential proceedings.
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MD. DILSHAD AND ANR ..... Petitioners Through: Mr. Vipin Baisla, Advocate with petitioner in-person.
versus
STATE AND ANR ..... Respondents Through: Mr. Satish Kumar, APP for the State with SI Sompal Singh, P.S.: Ranjit Nagar. Complainant in-person.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
% 24.01.2024 CRL.M.A. 2297/2024 (exemption)
CRL.M.C. 564/2024
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 15/06/2024 at 11:28:23
identified by their counsel Mr. Vipin Baisla and Investigating Officer (IO) SI Sompal Singh from Police Station Ranjit Nagar, Delhi.
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 15/06/2024 at 11:28:23
differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
SWARANA KANTA SHARMA, J
JANUARY 24, 2024/ at
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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 15/06/2024 at 11:28:23
3 issues framed by the court
Whether the FIR for offences under Sections 498A, 406, and 34 IPC should be quashed after an amicable settlement.
Whether the continued proceedings would serve any useful purpose given the parties' resolution of differences.
Whether the complainant received the settlement amount voluntarily without coercion.
2 provisions across 2 enactments
Md. Dilshad and Anr.
State and Anr.
Swarana Kanta Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
