Allowed

Kushal Bhalla & Ors. v. the State NCT of Delhi and Anr.

Delhi HC14 Aug 2024CRL.M.C./6337/2024

Case brief

AI extract

What is this about?

The Court quashed an FIR registered under Sections 498A/406/34 IPC in a matrimonial dispute. An amicable settlement had been reached, followed by a mutual consent divorce decree and payment of settlement amount. The Court held that continuing the case was an abuse of process with bleak prospects of conviction.

What did the court decide?

FIR No. 0368/2022 and proceedings therefrom under Sections 498A/406/34 IPC quashed; petition disposed of.

Kushal Bhalla & Ors. Vs the State NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2024)

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$~80

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 14.08.2024

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- CRL.M.C. 6337/2024

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KUSHAL BHALLA & ORS. .....Petitioners

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Through: Ms. Shruti Choudhri, Advocate with Petitioners-in-person.

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versus

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THE STATE NCT OF DELHI AND ANR. .....Respondents

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Through: Mr. Satish Kumar, APP with ASI Nemee Shay, PS: Saket. Mr. D. D. Dhyani, Adv. for R-2 with 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. 24217/2024

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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. 6337/2024

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1. Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) has been preferred on behalf of the petitioners for quashing of FIR No. 0368/2022, under Sections 498A/406/34 IPC, registered at PS: Saket and proceedings emanating therefrom. 2. Issue notice. Learned APP for the State and learned counsel for respondent No. 2 along with respondent No. 2 in person appear on advance

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Signature Not Verified

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CRL.M.C. 6337/2024

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Page 1 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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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 30.11.2016. No 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 30.09.2022.

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4. The disputes have been amicably settled between the parties in terms of Settlement dated 25.11.2023. 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 27.04.2024.

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5. An amount of Rs. 8,00,000/- has been paid to respondent No. 2 today through DD No. 160172 dated 20.07.2024 drawn on HDFC Bank, in favour of respondent No. 2.

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

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7. Petitioners and respondent No. 2 are present in person and have been identified by ASI Nemee Shay, PS: Saket. 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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8. Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by

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Signature Not Verified

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CRL.M.C. 6337/2024

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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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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. 0368/2022, under Sections 498A/406/34 IPC, registered at PS: Saket and proceedings emanating therefrom stand quashed.

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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 14, 2024/ R

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Signature Not Verified

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CRL.M.C. 6337/2024

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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

Kushal Bhalla & Ors. v. the State NCT of Delhi and Anr.

Case brief

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Kushal Bhalla & Ors. v. the State NCT of Delhi and Anr.

Case brief

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