Allowed

Chander Shekhar and Ors. v. State NCT of Delhi & Anr.

Delhi HC2 Sept 2024CRL.M.C./6855/2024

Case brief

AI extract

What is this about?

Single judge of Delhi HC allowed petitions to quash FIR No.1077/2021 registered under Sections 498A/406/34 IPC. Settlement was reached between parties with payment made. Court held continuation would be misuse of process as chances of conviction were remote, given the parties divorced.

What did the court decide?

FIR No.1077/2021 registered at PS Shalimar Bhagh, Delhi under Sections 498A/406/34 IPC and all proceedings emanating therefrom are quashed.

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

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$~61

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 6855/2024

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CHANDER SHEKHAR AND ORS

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.....Petitioner

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Through: Mr. Hemant Baisla & Mr. Shubham Tomar, Advocates with petitioners in person

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versus

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STATE NCT OF DELHI & ANR. .....Respondent

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Through: Mr. Hitesh Vali, APP for State with Ms. Singdha Sood, Advocate SI Bharat PS Shalimar Bagh Mr. Ashok Kumar, Adv. for R-2 with R-2 in person

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R

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% 02.09.2024

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CRL.M.A. 26202/2024 & CRL.M.A. 26203/2024 ( Exemption )

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Allowed, subject to all just exceptions.

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Both these applications stand disposed of.

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CRL.M.C. 6855/2024

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This petition is filed seeking quashing of FIR No.1077/2021 registered at PS Shalimar Bhagh, Delhi under Sections 498A/406/34 IPC on the basis of settlement arrived at between the parties dated 24^th June 2023, which is on record of this Court.

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As per the settlement, out of total settlement amount of Rs. 4,5 lakhs, outstanding balance of Rs. 1.5 lakhs is being paid today vide DD no. 685785 dated 26^th August 2024 drawn on Indian Bank. The same has been handed

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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 06/09/2024 at 15:23:10

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over to respondent no.2 who has duly received it in Court.

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Petitioner no.1 and respondent no. 2 are present in Court and are duly identified by IO and the respective counsels. Petitioner nos.2 to 6 are present through VC and are duly identified by the IO and their counsel.

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The marriage of petitioner no.1 and respondent no. 2 resulted in a divorce by decree dated 1^st August, 2023. No child was born out of wedlock. 5. Considering the above settlement between the parties and the chances 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.1077/2021 registered at PS Shalimar Bhagh, Delhi under Sections 498A/406/34 IPC 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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ANISH DAYAL, J

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SEPTEMBER 2, 2024/sm

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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 06/09/2024 at 15:23:10

Chander Shekhar and Ors. v. State NCT of Delhi & Anr.

Case brief

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Chander Shekhar and Ors. v. State NCT of Delhi & Anr.

Case brief

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