Allowed

Sumit Sethi v. State of NCT of Delhi and Anr.

Delhi HC3 Sept 2024CRL.M.C./6913/2024

Case brief

AI extract

What is this about?

This order quashes an FIR registered under Sections 498-A/406/34 IPC in a matrimonial dispute involving the petitioner and his wife. The court relied on the parties’ post-dispute MOU dated 04.07.2024, their statement that they resumed living happily, and the undisputed settlement to hold that no useful purpose would be served by continuing proceedings.

What did the court decide?

The FIR No. 537/2016 registered at P.S. Tilak Nagar and all consequent proceedings arising therefrom are quashed.

Sumit Sethi Vs State of NCT of Delhi and Anr. — Matrimonial and Divorce | Delhi HC (2024)

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$~60

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 6913/2024, CRL.M.A. 26435/2024

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SUMIT SETHI .....Petitioner

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Through: Mr. Gaurav Sharma, Advocate with petitioner in person.

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versus

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STATE OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Purvi, P.S. Tilak Nagar. Respondent No.2 in person.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R

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% 03.09.2024

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The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of the petitioner seeking quashing of FIR No. 537/2016 registered under Sections 498-A/406/34 IPC at P.S. Tilak Nagar, Delhi, on the ground that the parties have amicably settled their disputes.

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The present FIR is an outcome of a matrimonial dispute between the complainant/respondent No. 2 (wife) and the petitioner (husband).

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Learned APP for the State submits that in the present case, the petitioner is the only accused person against whom the chargesheet has been filed and respondent No. 2 is the only complainant/victim. He further submits that in the present case, cognizance has been taken only against the present petitioner and the other co-accused persons were kept in Column 12, and have not been summoned.

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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 10/09/2024 at 12:11:27

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Learned counsels for the parties submit that after ironing out their differences, the parties have settled their disputes vide MOU dated 04.07.2024 and are happily living together since June 2017.

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The Petitioner, who is present in Court, has been identified by his counsel as well as by the IO/ SI Purvi, P.S. Tilak Nagar, Delhi.

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Respondent No. 2, who is also present in Court, has been identified by the IO. Respondent No. 2 submits that she has been happily living with her husband i.e., the petitioner, since June 2017 and as of now, she has no complaint against her husband. She further submits that she is giving this statement out of her own free will, volition and without any coercion. She also states that she has no objection if the present FIR and the consequent proceedings are quashed.

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Learned counsel for the petitioner submit that no other proceedings are pending between the parties.

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The parties shall remain bound by the statements and undertaking made in Court today.

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In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed.

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With the above directions, the petition is disposed of alongwith miscellaneous application.

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MANOJ KUMAR OHRI, J

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SEPTEMBER 3, 2024 ga

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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 10/09/2024 at 12:11:27

Sumit Sethi v. State of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Sumit Sethi v. State of NCT of Delhi and Anr.

Case brief

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