Quashed

Sanjay & Ors. v. State of NCT of Delhi and Anr.

Delhi HC7 Aug 2024CRL.M.C./6102/2024

Case brief

AI extract

What is this about?

The High Court of Delhi quashed an FIR under Sections 498A, 406, and 34 IPC in matrimonial disputes. The Court noted the matter was amicably settled via a deed and a decree of divorce by mutual consent was obtained, holding further proceedings would be an abuse of process.

What did the court decide?

FIR No. 0591/2018 under Sections 498A/406/34 IPC and proceedings therefrom are quashed.

Sanjay & Ors. Vs State of NCT of Delhi and Anr. — Matrimonial and Divorce | Delhi HC (2024)

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$~105

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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. 6102/2024

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SANJAY & ORS. .....Petitioners Through: Mr. Rishikesh Singh, Advocate with Petitioners in person.

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versus

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STATE OF NCT OF DELHI AND ANR. .....Respondents Through: Ms. Manjeet Arya, APP for State with SI Mayank Istwal, PS: Kalyanpuri and Respondent No. 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. 23359/2024

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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. 6102/2024

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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 petitioners for quashing of FIR No. 0591/2018, under Sections 498A/406/34 IPC, registered at PS: Kalyanpuri and proceedings emanating therefrom.

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2. Issue notice. Learned APP for the State along with respondent No. 2 in 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 31.10.2017. No child was born out of the wedlock. Due to

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Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Da te:2 0.08.2024 14:55:35

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CRL.M.C. 6102/2024

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Page 1 of 3

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matrimonial differences, petitioner No. 1 and respondent No. 2 started living separately. On complaint of respondent No. 2, present FIR was registered on 16.11.2018.

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4. The disputes have been amicably settled between the parties in terms of Settlement Deed dated 20.09.2022. The marriage between petitioner No. 1 and respondent No. 2 has been dissolved by decree of divorce by way of mutual consent under Section 13B(2) of the Hindu Marriage Act vide judgment dated 24.04.2023.

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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. All Petitioners except petitioner No. 6 and 7 and Respondent No. 2 are present in person and have been identified by SI Mayank Istwal, PS: Kalyanpuri. Presence of petitioner No. 6 and 7 is exempted. 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 0591/2018, under Sections 498A/406/34 IPC, registered at PS: Kalyanpuri and proceedings emanating therefrom stand quashed.

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Signature Not Verified

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CRL.M.C. 6102/2024

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Page 2 of 3

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Digitally Signed By:DINESH CHANDRA Signing Da te:2 0.08.2024 14:55:35

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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 07, 2024 /R

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Signature Not Verified

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CRL.M.C. 6102/2024

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Page 3 of 3

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Digitally Signed By:DINESH CHANDRA Signing Da te:2 0.08.2024 14:55:35

Sanjay & Ors. v. State of NCT of Delhi and Anr.

Case brief

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Sanjay & Ors. v. State of NCT of Delhi and Anr.

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