Allowed

Ram Niwas and Anr. v. State NCT of Delhi and Anr.

Delhi HC13 Feb 2024CRL.M.C./707/2024

Case brief

AI extract

What is this about?

The High Court of Delhi allowed a petition under Section 482 CrPC to quash an FIR under Sections 498A/406/34 IPC. The court held that since the matrimonial disputes were amicably settled and a divorce by mutual consent was granted, keeping the proceedings alive would serve no useful purpose and would create unnecessary acrimony.

What did the court decide?

FIR No.39/2011 registered at Police Station: Chhawala under Sections 498A/406/34 IPC and all consequential proceedings against the petitioners are quashed.

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

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$~13

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 707/2024 RAM NIWAS AND ANR ..... Petitioners Through: Ms.Manisha Shokeen, Adv.

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versus

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STATE NCT OF DELHI AND ANR. ..... Respondents Through: Ms.Priyanka Dalal, APP with SI Dharmveer. Mr.A.N.Aggarwal, Ms.Nupur Sachdeva, Ms.Hemlata Garg, Ms.Meenakshi, Advs. for R-2.

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CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA O R D E R

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% 13.02.2024

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This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.') seeking quashing of FIR No.39/2011 registered at Police Station: Chhawala, South West District, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, on the basis of a settlement.

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Issue notice.

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Notice is accepted by the learned APP for the State and learned counsel for the respondent no.2.

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The learned counsel for the petitioners submits that the subject FIR was an offshoot of the matrimonial discord between the parties, that is, the petitioner no. 1 and the respondent no. 2.

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The learned counsel for the petitioners submits that the parties

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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 17/12/2024 at 15:22:50

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have amicably settled their inter se disputes and have entered into a settlement vide Settlement Agreement dated 13.05.2019.

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Pursuant to the above Settlement between the parties, the learned Family Court has granted divorce to the petitioner no. 1 and the respondent no. 2 by mutual consent. 7. The respondent no.2, who is present in person in Court and has been duly identified by the Investigating Officer (IO), affirms the settlement and states that she has settled all the disputes with the petitioners of her own free will and without any coercion. The respondent no.2 submits that she has no objection if the present FIR is quashed.

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I have perused the contents of the FIR and also the settlement between the parties. 9. As the disputes between the parties arose out of a matrimonial relationship, and now the same have been amicably settled, a decree of divorce has also been passed by the learned Family Court pursuant to the settlement, and also looking into the nature of the allegations made in the complaint, in my opinion, no useful purpose would be served in keeping the FIR alive. In fact, it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer.

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Guided by the principles enunciated by the Supreme Court in its judgments in Jitendra Raghuvanshi v. Babita Raghuvanshi (2013) 4 SCC 58; Gian Singh v. State of Punjab , (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors., (2017) 9 SCC 641 and State of Haryana &

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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 17/12/2024 at 15:22:50

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Ors. v. Bhajan Lal & Ors., 1992 Supp (1) SCC 3, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.

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Accordingly, the petition is allowed. FIR No.39/2011 registered at Police Station: Chhawala, South West District, Delhi under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed.

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NAVIN CHAWLA, J

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FEBRUARY 13, 2024 RN/ RP

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Click here to check corrigendum, if any

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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 17/12/2024 at 15:22:50

Ram Niwas and Anr. v. State NCT of Delhi and Anr.

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Ram Niwas and Anr. v. State NCT of Delhi and Anr.

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