Allowed

Ankit Gupta and Ors. v. State of NCT of Delhi and Anr.

Delhi HC4 Sept 2024CRL.M.C./6959/2024

Case brief

AI extract

What is this about?

This order quashied an FIR registered under IPC Sections 498, 406, 34, and 354. The Delhi High Court allowed the petition based on a settlement agreement reached on February 17, 2024, involving the payment of debt. The court deemed continued proceedings a misuse of the court process given the remote chances of conviction. The settlement was declared not to affect the minor child's future rights.

What did the court decide?

FIR No. 235/2019 under IPC Sections 498, 406, 34, and 354 and proceedings emanating therefrom are quashed. The application is disposed of.

Ankit Gupta and Ors. 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. 6959/2024

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ANKIT GUPTA AND ORS .....Petitioners

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Through: Mr. Shashank Goswami, Mr. Prateek Goswami & Mr. Sahil Giri, Advocates with petitioners in person

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versus

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STATE OF NCT OF DELHI AND ANR.

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.....Respondents

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Through: Mr. Digam Singh Dagar, APP for the State & Insp. Amit Dutt Sharma & SI Ravender Singh SP Kotla Mubarakpur Mr. Vikas Aggarwal, Advocate for complainant with complainant

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 04.09.2024

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CRL.M.A.-26575/2024 ( Exemption )

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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CRL.M.C. 6959/2024

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This petition has been filed seeking quashing of FIR No.235/2019 registered at PS Kotla Mubarakpur, Delhi under Sections 498/406/34/354 IPC on the basis of settlement arrived at between the parties dated 17^th February 2024, arrived at between the parties with the facilitation of Mediaion Centre, Saket Courts, Delhi, which is on record of this Court.

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As per the settlement, outstanding balance of Rs. 1 crore is being paid

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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 11/09/2024 at 12:35:00

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today to respondent no.2 vide DD no. 266484 drawn on Punjab National Bank for Rs. 1 crore. The same has been handed over to respondent no.2 who has duly received it in Court and states that she has no objection to quashing of the FIR.

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Petitioner no.1-4 and respondent no. 2 are present in Court and are duly identified by IO and the respective counsels.

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The marriage of petitioner no.1 and respondent no.2 resulted in a divorce by decree dated June 2024. One male child was born out of wedlock who is now 7 years old.

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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.235/2019 registered at PS Kotla Mubarakpur, Delhi under Sections 498/406/34/354 IPC and proceedings emanating therefrom are quashed. It is however made clear that the said settlement will not affect the rights of the minor child in future

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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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SEPTEMBER 4, 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 11/09/2024 at 12:35:00

Ankit Gupta and Ors. v. State of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Ankit Gupta and Ors. v. State of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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