Allowed

Manoj Kumar Tamta & Anr. v. State NCT of Delhi and Anr.

Delhi HC27 Aug 2024CRL.M.C./6667/2024

Case brief

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What is this about?

An order quashing the FIR and proceedings for cruelty and offence under IPC 498A/406/34. The Delhi High Court allowed the petition upon recording a settlement and noting the divorce between the parties, finding conviction unlikely and proceedings a misuse of process. The FIR and emanating proceedings are quashed.

What did the court decide?

The FIR No.238/2022, under Sections 498A/406/34 IPC, and proceedings emanating therefrom are quashed. Parties to abide by settlement terms.

Manoj Kumar Tamta & Anr. Vs State NCT of Delhi and Anr. — Matrimonial and Divorce | Delhi HC (2024)

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$~69

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 6667/2024 & CRL.M.A. 25440/2024

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MANOJ KUMAR TAMTA & ANR.

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.....Petitioners

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Through: Mr. Sahil Sindhwani, Adv.

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versus

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STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Digam Singh Dagar, APP for the State with SI Ranjan, PS Bindapur and SI Nisha Dahiya, PS Mohan Garden. Mr. Akhil Sabharwal, Adv. for R-2.

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 27.08.2024

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This petition has been filed seeking quashing of FIR No.238/2022, under Sections 498A/406/34 IPC, PS Mohan Garden on the basis of a settlement dated 05^th March, 2024 arrived at with the facilitation of Mediation Centre, Dwarka Courts, which is record on this Court.

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As per the settlement, a balance amount of Rs.1,50,000/- is tendered vide DD No.026719 drawn on Canara Bank to respondent No.2, who has received it in Court. Petitioner Nos.1-2 and respondent No.2/complainant are present in Court and duly identified by the IO.

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The marriage of petitioner No.1 and respondent No.2 has resulted in a divorce by decree dated 27^th May, 2024. No child was born out of wedlock.

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Considering the above settlement between the parties and the chances

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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 29/08/2024 at 12:24:05

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of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No.238/2022, under Sections 498A/406/34 IPC, PS Mohan Garden and proceedings emanating therefrom are quashed.

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Parties shall abide by the terms of settlement.

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Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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AUGUST 27, 2024/MK

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This is a digitally signed order.

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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 29/08/2024 at 12:24:05

Manoj Kumar Tamta & Anr. v. State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Manoj Kumar Tamta & Anr. v. State NCT of Delhi and Anr.

Case brief

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What the court decided

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