Quashed

Preeti & Ors. v. State (Govt. of NCT of Delhi) & Anr.

Delhi HC27 Aug 2024CRL.M.C./6635/2024

Case brief

AI extract

What is this about?

The Court quashed an FIR registered under sections 323/341/506/34 IPC following an amicable settlement between the parties in a matrimonial dispute, relying on Supreme Court precedents allowing quashing in such contexts.

What did the court decide?

FIR No. 248/2022 and all proceedings emanating therefrom are quashed.

What the court decided

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

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$~65

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 6635/2024

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PREETI & ORS. .....Petitioners

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Through: Mr. Vinod & Mr. Vijay Kumar, Advocates with petitioners in-person.

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versus STATE (GOVT. OF NCT OF DELHI) & ANR. .....Respondents Through: Ms. Kiran Bairwa, APP for the State, SI Partap Singh, P.S.: Mohan Garden. R2 in court.

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CORAM:

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HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 27.08.2024

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This matter has been received due to non-availability of the Roster Bench.

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By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners and complainant/respondent No. 2, seek quashing of case FIR No. 248/2022 dated 14.04.2022 registered under sections 323/341/506/34 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Mohan Garden, Delhi.

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The petition is premised on Settlement Deed dated 16.02.2024, whereby the petitioners and respondent No. 2 have resolved the matter amicably.

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The petition is supported by affidavits of the petitioners and of respondent No. 2, alongwith proofs of their I.D.s.

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The contesting parties are present in court. Their credentials have been verified and they have also been identified by their respective counsel.

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CRL.M.C. 6635/2024

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Page 1 of 2

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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 09/09/2024 at 12:12:55

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The court has interacted with respondent No.2, as also with petitioner No.1, who have confirmed that they have now resolved the matter , which essentially arose from a matrimonial dispute; and a Settlement Deed dated 16.02.2024 has been signed by petitioner No.1 and on behalf of respondent No.2, closing all issues amicably. Parties now wish to live in peace and harmony going forward.

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Ms. Kiran Bairwa, learned APP confirms that the State has no objection to the subject FIR being quashed.

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In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

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Accordingly, case FIR No. 248/2022 dated 14.04.2022 registered under sections 323/341/506/34 IPC at P.S.: Mohan Garden, Delhi is quashed. All proceedings arising therefrom also stand closed.

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