Disposed

Mohd Arakan & Ors. v. the State NCT of Delhi

Delhi HC15 Feb 2024CRL.M.C./957/2023

Case brief

AI extract

What is this about?

Petition under Section 482 CrPC seeking quashing of FIR 243/2018 (Sections 498A/406/506/34 IPC) arising from a matrimonial dispute, after the parties settled and the complainant-wife died. Her father confirmed the settlement and consented; the court quashed the FIR and consequent proceedings.

What did the court decide?

FIR No.243/2018 and consequent proceedings quashed; pending application disposed of.

Mohd Arakan & Ors. Vs the State NCT of Delhi — Matrimonial and Divorce | Delhi HC (2024)

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$~22

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 957/2023

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MOHD ARAKAN & ORS. ..... Petitioners

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Through: Mr. Mohd Mozakkir Hashmi, Advocate versus

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THE STATE NCT OF DELHI ..... Respondent Through: Mr. Laksh Khanna, APP for State with SI Sohan Lal

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R

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% 15.02.2024

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By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.243/2018 registered under Sections 498A/406/506/34 IPC at P.S. Fatehpuri Beri, Delhi on the ground that the parties have amicably settled their disputes.

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The present FIR is an outcome of a matrimonial dispute between the complainant/respondent No. 2 (wife) and petitioner No.1 (husband) whereas petitioner Nos. 2 to 7 are the in-laws of the complainant.

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Learned APP for the State submits that the petitioners are the only accused persons and respondent No. 2 is the complainant/victim.

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Learned counsel for the petitioners submits that petitioner No.1 and respondent No.2 have already been divorced whereafter they also entered into a settlement vide Settlement Deed dated 06.06.2019. A copy of the said settlement has also been placed on record. In terms of the settlement, a sum of Rs.3,80,000/- has also been paid as full and final settlement by petitioner No.1 to respondent No.2. In the settlement, respondent No.2 had also agreed for quashing of the present FIR. It is further stated that before filing of the

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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 17/12/2024 at 15:42:31

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present petition, respondent No.2 unfortunately expired on 07.05.2021. A copy of the death certificate has also been placed on record. The death certificate has been verified and a status report verifying the death certificate of respondent No.2 has also been placed on record. The Status Report further states that the Investigating Officer had contacted the father of the deceased, who had admitted that during her lifetime respondent No.2 had entered into the aforesaid settlement and had also received a sum of Rs.3,80,000/- towards full and final settlement. The report further states that the father of the deceased has no objection for the quashing of the FIR. The statement of the father has been annexed with the Status Report. The case is at the stage where only charges have been framed.

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The petitioners, who are present in the Court, have been identified by their counsel and the Investigating Officer.

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Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

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In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed.

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The petition is disposed of in the above terms alongwith the pending application.

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MANOJ KUMAR OHRI, J

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FEBRUARY 15, 2024

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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 15:42:31

Mohd Arakan & Ors. v. the State NCT of Delhi

Case brief

What is this about?

What did the court decide?

Mohd Arakan & Ors. v. the State NCT of Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

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