Quashed

Gaurav Pratap Singh & Ors. v. the State through SHO Ps. Shalimar Bagh & Anr.

Delhi HC4 Sept 2024CRL.M.C./6954/2024

Case brief

AI extract

What is this about?

The Delhi High Court quashed FIR No. 0216/2016 under Sections 498-A, 406, and 34 IPC and consequent proceedings, dismissing a petition filed for quashing. The petitioners secured a mutual consent decree of divorce and settled maintenance/stridhan/alimony claims with the wife-complainant

What did the court decide?

FIR No. 0216/2016 and all consequent proceedings arising therefrom are quashed.

Gaurav Pratap Singh & Ors. Vs the State through SHO… — Matrimonial and Divorce | Delhi HC (2024)

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$~73

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IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6954/2024 & CRL. M.A.26566/2024

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GAURAV PRATAP SINGH & ORS. .....Petitioners Through: Mr. Rajal Rai Dua and Mr. Divyangana, Advocates with petitioners in person.

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versus

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THE STATE THROUGH SHO

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PS. SHALIMAR BAGH & ANR .....Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Suneet Kumar PS Shalimar Bagh, New Delhi (M:8750347533). Mr. Tanu Gaur, Advocate for respondent no.2 with 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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% 04.09.2024

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The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 0216/2016 registered under Sections 498-A/406/34 IPC at P.S. Shalimar Bagh, New 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 petitioners wherein, petitioner No. 1 is husband and petitioner Nos. 2 to 4 are parents-in-law and sister-in-law of the complainant.

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Mr. Nawal Kishore Jha, learned APP for the State submits that in the present case, petitioners are the only accused persons and respondent No. 2 is the complainant/victim. He further states that the charge-sheet has been filed.

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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 07/09/2024 at 14:25:55

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Learned counsel for the petitioners submits that the parties have settled their disputes vide MoU dated 06.06.2024. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 08.08.2024 passed by the Family Court, Rohini Courts, Delhi in HMA No. 2072/2024. It is submitted that all payments have been made to respondent No.2 towards her claims qua maintenance, stridhan, alimony, etc.

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Petitioners and respondent No.2, who are present in Court, have been identified by their counsels as well as by I.O./ SI Suneet Kumar PS Shalimar Bagh, New Delhi.

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Respondent No.2 states that she has settled her disputes with petitioner No.1 out of her own free will, volition and without any coercion. She also acknowledges the receipt of entire settled amount and submits that she has no objection in case the FIR is quashed against the petitioners.

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Learned counsel for the petitioners submits 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 4, 2024/ rd

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Gaurav Pratap Singh & Ors. v. the State through SHO Ps. Shalimar Bagh & Anr.

Case brief

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Gaurav Pratap Singh & Ors. v. the State through SHO Ps. Shalimar Bagh & Anr.

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