Allowed

Dinesh Kumar and Ors. v. State through SHO Ps Punjabi Bagh and Anr.

Delhi HC5 Mar 2024CRL.M.C./996/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR under the IPC involving matrimonial disputes based on a post-factum settlement and mediation, which the respondent wife confirmed was voluntary and unconditional to the High Court bench.

What did the court decide?

FIR bearing No. 736/2018 registered at Police Station Punjabi Bagh and all consequential proceedings are quashed.

Dinesh Kumar and Ors. Vs State through SHO Ps Punjabi… — Matrimonial and Divorce | Delhi HC (2024)

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$~5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 996/2024

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DINESH KUMAR AND ORS

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..... Petitioners Through: Petitioners with their counsel Mr. Jagdish Prasad, Advocate.

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versus

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STATE THROUGH SHO PS PUNJABI BAGH AND ANR

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..... Respondents Through: Mr. Satish Kumar, APP for the State along with SI Mr. Jagdish Prasad, P.S. Punjabi Bagh. Complainant in person.

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CORAM:

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HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

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O R D E R

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% 05.03.2024 1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the four petitioners praying for quashing of FIR bearing No. 736/2018 registered at Police Station Punjabi Bagh, Delhi for the offences punishable under Sections 498A/406/34 of Indian Penal Code, 1860 (IPC) and all other emanating proceedings arising therefrom.

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Notice. Mr. Satish Kumar, learned APP accepts notice on behalf of the State.

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Briefly stated the facts of the present case are that the marriage between the petitioner No. 1 and the respondent no.2 was solemnized on

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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 12/03/2024 at 11:17:01

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11.02.2018. However, due to temperamental differences between the petitioners and respondent no.2 disputes arose resulting to the registration of the present FIR.

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The petitioners are present before this Court and have been identified by their counsel Mr. Jagdish Prasad and Investigating Officer (IO) Mr. Jagdish Prasad from Police Station Punjabi Bagh.

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On the query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent No.2 that the entire dispute has been amicably settled between the parties before the Delhi High Court Mediation and Conciliation Centre, Delhi High Court, Sher Shah Road, New Delhi on 22.02.2024 entered into between them.

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It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with the petitioners.

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In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

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Accordingly, FIR bearing No. 736/2018 registered at Police Station Punjabi Bagh, Delhi for offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

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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 12/03/2024 at 11:17:01

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The petition stands disposed of.

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The order be uploaded on the website forthwith.

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SWARANA KANTA SHARMA, J

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MARCH 5, 2024/A

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Click here to check corrigendum, if any

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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 12/03/2024 at 11:17:01

Dinesh Kumar and Ors. v. State through SHO Ps Punjabi Bagh and Anr.

Case brief

What is this about?

What did the court decide?

Dinesh Kumar and Ors. v. State through SHO Ps Punjabi Bagh and Anr.

Case brief

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