The High Court of Delhi allowed a petition seeking quashing of an FIR under Sections 376, 328, and 34 IPC, citing a settlement between the parties, confirmation of their marriage, and the remote chances of conviction against the petitioners.
FIR No. 501/2014 and all proceedings therefrom were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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SHRI CHANDAN ANR .....Petitioners
Through: Mr. Arun Gaur & Mr. Puneet Tomar, Advocates with portioners in person
versus
THE STATE ANR .....Respondents
Through: Mr. Hitesh Vali, APP for State SI Gajlal PS Krishna Nagar Mr. Balwant Kumar, Ms. Poonam Sharma, & Mr. Veeresh Sharma, Advocates for R-2/complainant with R-2 in person
CORAM: HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 10.09.2024
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 13/09/2024 at 12:18:12
ANISH DAYAL, J
SEPTEMBER 10, 2024/sm
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 13/09/2024 at 12:18:12
2 issues framed by the court
Whether an FIR under Sections 376, 328, and 34 IPC can be quashed on the basis of a settlement arrived at between the parties after marriage.
Whether continued proceedings in such circumstances would constitute a misuse of the process of the Court.
1 provisions across 1 enactments
Shri Chandan ANR
The State ANR
Respondent No.2
Anish Dayal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
