Allowed

Nazim & Ors. v. the State NCT of Delhi and Anr.

Delhi HC18 Sept 2024CRL.M.C./7386/2024

Case brief

AI extract

What is this about?

The Delhi High Court allowed and disposed of applications seeking quashing of an FIR registered under Sections 498-A/406/34 IPC. Quashing was ordered due to a settlement between parties, the remote likelihood of conviction, and to prevent misuse of judicial process.

What did the court decide?

FIR No. 0182/2018 and subsequent proceedings are quashed; parties must abide by the settlement terms.

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

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$~59

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 7386/2024 CRL.M.A. 28180/2024

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NAZIM & ORS.

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.....Petitioners

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Through: Mr. Ankit Gupta, Advocate.

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versus

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THE STATE NCT OF DELHI AND ANR. .....Respondents Through: Mr. Hitesh Vali, APP for State with SI Priti PS: Khajuri Khas. Mr. Saleem Khan and Mr. K. Sharma, Advocates for R-2.

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 18.09.2024

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CRL.M.A. 28180/2024 ( 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. 7386/2024

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This petition has been filed seeking quashing of FIR no. 0182/2018 registered at PS Khajuri Khas, Delhi under Sections 498-A/406/34 IPC on the basis of settlement arrived at between the parties dated 12^th March, 2024 which is on record of this Court.

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As per the settlement, outstanding balance of Rs. 2,05,000/-/-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. 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 11:53:38

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

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Petitioner no.1-3 and respondent no. 2 are present in Court and are duly identified by IO and the respective counsel. Respondent no.2 has no objection to the quashing of the FIR.

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The marriage of petitioner no.1 and respondent no. 2 was solemnized on 18^th February, 2016. As per the petitioner and respondent no.2 the talaq has culminated on 02^nd September, 2024. No child was born out of wedlock. 5. 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. 0182/2018 under Sections 498-A/406/34 IPC registered at PS Khajuri Khas, 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 11:53:38

Nazim & Ors. v. the State NCT of Delhi and Anr.

Case brief

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Nazim & Ors. v. the State NCT of Delhi and Anr.

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