Allowed

Dr Mahipal & Ors. v. the State of N.C.T.of Delhi & Anr.

Delhi HC12 Dec 2024CRL.M.C./9766/2024

Case brief

AI extract

What is this about?

The High Court of Delhi quashed SCR.M.C. FIR No.402/2024 under Sections 498A/406/34 IPC. The court noted the parties had amicably settled their matrimonial disputes via a settlement agreement dated 05.09.2024 and a mutual consent divorce decree. With no pending proceedings and no useful purpose in continuing, the FIR and consequent proceedings were quashed.

What did the court decide?

The FIR No.402/2024 and consequent proceedings arising therefrom are quashed and the petition is disposed of.

Dr Mahipal & Ors. Vs the State of N.C.T.of Delhi & Anr. — Matrimonial and Divorce | Delhi HC (2024)

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$~57

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 9766/2024 and CRL.M.A. 37456/2024

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DR MAHIPAL & ORS. .....Petitioners

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Through: Mr.Abdus Samad Ansari, Advocate with petitioners in person

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versus

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THE STATE OF N.C.T.OF DELHI & ANR. .....Respondents Through: Ms.Manjeet Arya, APP for State with ASI Rajesh

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Mr. Archit Arora, Advocate for respondent No.2 with respondent No.2 through V.C.

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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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% 12.12.2024

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By way of present petition, the petitioners seek quashing of FIR No.402/2024 registered under Sections 498A/406/34 IPC at P.S. Paschim Vihar, 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 and 3 are the in-laws of the complainant/respondent No.2.

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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 counsels for the parties submit that the parties have settled their dispute vide Settlement/Memorandum of Understanding dated 05.09.2024. It is stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated

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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 18/12/2024 at 11:38:46

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28.09.2024 passed by Principal Judge, Family Courts, West, Tis Hazari Courts, Delhi in HMA No.2631/2024. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the petitioners.

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The petitioners, who are present in the Court and respondent No.2, who have joined the proceedings through V.C., have been identified by their respective counsels and the Investigating Officer.

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Respondent No.2 states that she has entered into the aforesaid Settlement/Memorandum of Understanding out of her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed.

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Learned counsels for the parties submit that no other proceedings are pending between the parties.

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The parties shall remain bound by the statements made in Court today.

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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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DECEMBER 12, 2024 na

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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 18/12/2024 at 11:38:46

Dr Mahipal & Ors. v. the State of N.C.T.of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Dr Mahipal & Ors. v. the State of N.C.T.of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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