Matrimonial dispute FIR under Sections 498A/323/406/509/34 IPC quashed after parties settled before the Delhi Mediation Centre, marriage dissolved by mutual consent divorce decree, and complainant confirmed receipt of full settlement and withdrawal of complaint.
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ABHINAV JAITLY & ORS. .....Petitioners Through: Mr. U. A. Khan (D/1260/06) and Mr. Tushar Upadhyaya (D/5211/23), Advocates along with Petitioners in person.
versus
STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Shoaib Haider, APP for the State. SI Sonu Bhati (D-3244), PS Pandav Nagar Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R % 03.09.2024 CRL.M.A. 26511/2024 (Exemption)
Allowed, subject to all just exceptions.
CRL.M.C. 6931/2024
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CRL.M.C. 6931/2024
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 07/09/2024 at 14:26:18
Karkardooma Courts, Delhi vide a Settlement dated 16.08.2023. It is stated the parties had filed a petition for divorce by mutual consent before the Ld. Judge, Family Court, East District, Karkardooma Courts, Delhi and by a Judgment and Decree dated 04.07.2024, the marriage between the complainant/Respondent No.2 and the Petitioner No.1/husband stands dissolved. It is further stated that as per the settlement, the Petitioner No.1/husband has agreed to pay a sum of Rs.37,00,000/- to the complainant/Respondent No.2 towards the full and final settlement of all her claims in the following manner:
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CRL.M.C. 6931/2024
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 07/09/2024 at 14:26:18
parties have amicably settled their disputes and the present case is squarely covered under the law laid down by the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, this Court is satisfied that no useful purpose would be served in continuing with the present proceedings. Resultantly, the FIR No.440/2020 dated 19.09.2020, registered at Police Station Pandav Nagar for offences punishable under Sections 498A/323/406/509/34 IPC and the proceedings emanating therefrom are hereby quashed
SUBRAMONIUM PRASAD, J
SEPTEMBER 3, 2024 S. Zakir
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CRL.M.C. 6931/2024
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 07/09/2024 at 14:26:18
1 issue framed by the court
Should FIR No.440/2020 under Sections 498A/323/406/509/34 IPC be quashed following an amicable matrimonial settlement between the parties?
Colour shows how this judgement treated each authority
Gian Singh v. State of PunjabApplied¶4
(2012) 10 SCC 303 · Who else cites this
2 provisions across 2 enactments
Abhinav Jaitly & Ors.
State NCT of Delhi
Respondent No.2 (Complainant)
Subramonium Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
