The High Court quashed an FIR registered under sections 498-A and 406 IPC after finding that the parties had settled their disputes and obtained a divorce by mutual consent, holding that continuation of proceedings would be futile.
FIR No. 110/2012 and all proceedings emanating therefrom are quashed.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
VIKAS GARG & ANR. .....Petitioners Through: Mr. Rajinder Pal Singh, Mohit Bindra and Mr. Sahil Goel, Advocates.
versus
THE STATE OF NCT OF DELHI AND ANR. .....Respondents Through: Ms. Shubhi Gupta, APP for the State with SI Mohit Kumar, P.S. KNK, Marg.
Mr. Sumit Kumar and Mr. Abhishek Mudgal, Advocates.
CORAM:
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HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R 18.09.2024
By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners, who are the former husband and mother-in-law of the complainant/respondent No.2, seek quashing of case FIR No. 110/2012 dated 17.03.2012 registered under sections 498-A/406 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: K.N. Katju Marg, Delhi.
CRL.M.C. 7385/2024
Page 1 of 3
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 04/10/2024 at 11:47:28
CRL.M.C. 7385/2024
Page 2 of 3
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 04/10/2024 at 11:47:28
reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.
ANUP JAIRAM BHAMBHANI, J
SEPTEMBER 18, 2024 V.Rawat
CRL.M.C. 7385/2024
Page 3 of 3
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 04/10/2024 at 11:47:28
1 issue framed by the court
Whether the criminal proceedings should be quashed in light of a mutual settlement and divorce decree between the parties.
Colour shows how this judgement treated each authority
Gian Singh vs. State of Punjab &Anr.Relied on¶10
Gian Singh vs. State of Punjab &Anr. reported as (2012) 10 SCC 303 · Who else cites this
Narinder Singh &Ors. vs. State of Punjab &Anr.Relied on¶10
Narinder Singh &Ors. vs. State of Punjab &Anr. reported as (2014) 6 SCC 466 · Who else cites this
3 provisions across 3 enactments
VIKAS GARG & ANR.
THE STATE OF NCT OF DELHI AND ANR.
ANUP JAIRAM BHAMBHANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
