Allowed

Rishabh Kumar Gupta @Reshu & Ors. v. State through SHO P.S. New Ashok Nagar & Anr.

Delhi HC4 Mar 2024CRL.M.C./980/2024

Case brief

AI extract

What is this about?

This petition sought quashing of an FIR registered under Sections 498A/323/34 IPC arising from matrimonial disputes. The Court noted an amicable settlement, divorce by mutual consent, and full payment of dues. Relying on the settlement and lack of abuse of process, the Court quashed the FIR and proceedings.

What did the court decide?

FIR No. 054/2021 under Sections 498A/323/34 IPC and all proceedings therein were quashed.

Rishabh Kumar Gupta @Reshu & Ors. Vs State through SHO P.S… — Domestic Violence | Delhi HC (2024)

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$~32

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 04.03.2024

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- CRL. M.C. 980/2024

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RISHABH KUMAR GUPTA @RESHU & ORS. ..... Petitioners Through: Mr.Vipin Malik, Advocate alongwith petitioners in person.

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versus

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STATE THROUGH SHO P.S. NEW ASHOK NAGAR & ANR. .... Respondents Through: Ms. Kiran Bairwa, APP with WSI Ritika Chaudhary, PS New Ashok Nagar. Mr.Vipin Tiwari, Advocate alongwith respondent No.2 in person.

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CORAM:

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HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

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% J U D G M E N T

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ANOOP KUMAR MENDIRATTA, J (ORAL)

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CRL.M.A. 3921/2024

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Exemption allowed, subject to just exceptions.

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Application stands disposed of.

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CRL. M.C. 980/2024

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Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioners for quashing of FIR No. 054/2021, under Sections 498A/323/34 IPC registered at P.S.: New Ashok Nagar and proceedings emanating therefrom.

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Issue notice. Learned APP for the State and learned counsel for

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Signature Not Verified

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Page 1 of 3

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CRL. M.C. 980/2024

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Digitally Signed By:DINESH CHANDRA Signing Da te:0 9.03.2024 14:17:29

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respondent No.2 alongwith respondent No.2 in person appear on advance notice and accept notice.

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In brief, as per the case of the petitioners, marriage between petitioner No. 1 and respondent No. 2 was solemnized according to Hindu rites and ceremonies on 27.11.2017. A female child was born out of the wedlock who is presently in custody of respondent No.2. Due to temperamental differences, respondent No.2 and petitioner No.1 started living separately. Present FIR was registered on the complaint of respondent No. 2, on 06.03.2021.

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The disputes have been amicably settled between the parties vide Settlement Agreement dated 09.06.2023. The marriage between petitioner No. 1 and respondent No. 2 has been dissolved by decree of divorce by way of mutual consent under Section 13B(2) of the Hindu Marriage Act vide judgment dated 11.10.2023.

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Balance amount of Rs. 6,00,000/- has been paid to respondent No.2 today through DD No.483556 dated 27.02.2024 drawn on Bank of Baroda, Chowkbara, New Delhi Branch in favour of respondent No. 2, towards full and final settlement between the parties.

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Learned counsel for the petitioners points out that in terms of the Settlement Agreement between the parties, the minor child would also have recourse as per provisons of law for seeking appropratie relief from the concerned Court, for maintenance, education and up-bringing.

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Learned APP for the State submits that in view of amicable settlement between the parties, the State has no objection in case the FIR in question is quashed.

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Petitioners as well as respondent No. 2 in person have been identified

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Signature Not Verified

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Page 2 of 3

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CRL. M.C. 980/2024

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Digitally Signed By:DINESH CHANDRA Signing Da te:0 9.03.2024 14:17:29

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by ASI Sokindra Kumar, presently posted at PS: Mansarover Park. I have interacted with the parties and they confirm that the matter has been amicably settled between them without any threat, pressure or coercion. Respondent No. 2 also states that nothing remains to be further adjudicated upon between the parties and she has no objection in case the FIR in question is quashed.

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Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. It would be nothing but an abuse of the process of Court. Consequently, FIR No. 054/2021, under Sections 498A/323/34 IPC registered at P.S.: New Ashok Nagar and the proceedings emanating therefrom stand quashed.

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Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

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ANOOP KUMAR MENDIRATTA, J.

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MARCH 04, 2024 /v

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Signature Not Verified

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Page 3 of 3

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CRL. M.C. 980/2024

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Digitally Signed By:DINESH CHANDRA Signing Da te:0 9.03.2024 14:17:29

Rishabh Kumar Gupta @Reshu & Ors. v. State through SHO P.S. New Ashok Nagar & Anr.

Case brief

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What did the court decide?

Rishabh Kumar Gupta @Reshu & Ors. v. State through SHO P.S. New Ashok Nagar & Anr.

Case brief

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