Allowed

Rakesh Juyal & Ors. v. State of NCT of Delhi and Anr.

Delhi HC18 Sept 2024CRL.M.C./7376/2024

Case brief

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What is this about?

Petitioners filed a quashing petition based on a settlement reached after their divorce. The High Court allowed the petition and quashed the FIR, noting the settlement payment and remote chance of conviction prevented further proceedings.

What did the court decide?

FIR No. 0338/2022 under Sections 498A/406/34 IPC and proceedings therefrom were quashed; pending applications disposed of as infructuous.

Rakesh Juyal & Ors. Vs State of NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2024)

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$~58

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 7376/2024

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RAKESH JUYAL & ORS. .....Petitioners

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Through: Mr. Sudharshan Singh, Mr. Lokesh Sharma, Mr. Surjeet Singh, Mr. Jaipal Singh Rajput, Advocates.

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versus

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STATE OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Hitesh Vali, APP for State with SI Ajay PS: Shahbad Dairy, Delhi. Mr. Vipin Rana, Advocate for R-2.

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R

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% 18.09.2024

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CRL.M.A. 28139/2024 ( 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. 7376/2024

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This petition has been filed seeking quashing of FIR no. 0338/2022 registered at PS Shahbad Dairy, Delhi under Sections 498A/406/34 IPC on the basis of settlement arrived at between the parties dated 13^th May, 2024 which is on record of this Court.

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As per the settlement, outstanding balance of Rs. 1,00,000/- is being paid today vide DD no. 013795. The same has been handed over to

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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 30/09/2024 at 11:54:13

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respondent no.2 who has duly received it in Court.

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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 counsel.

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The marriage of petitioner no.1 and respondent no. 2 was solemnized on 16^th April, 2017 but due to marital discord, the marriage resulted in a divorce by decree dated 20^th August, 20^th August, 2024. No child was born out of wedlock.

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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. 0338/2022 under Sections 498A/406/34 IPC registered at PS Shahbad Dairy, Delhi and proceedings emanating therefrom are quashed.

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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 18, 2024/RK

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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 30/09/2024 at 11:54:13

Rakesh Juyal & Ors. v. State of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Rakesh Juyal & Ors. v. State of NCT of Delhi and Anr.

Case brief

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