Allowed¶17

Achinta Kumar Das v. the State NCT of Delhi and Anr.

Delhi HC2 Apr 2025CRL.M.C./1459/2025

Case brief

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What is this about?

Delhi High Court quashing of matrimonial FIR on amicable settlement; FIR No. 90/2014, PS Subzi Mandi, Sections 498A/406 IPC quashed; petitioner Achinta Kumar Das and respondent no. 2 (wife) settled all disputes; divorce by mutual consent; maintenance and custody settled; CRL.M.C. 1459/2025; Girish Kathpalia, J.; decision dated April 2, 2025; exemption application CRL.M.A. 6549/2025 allowed.

What did the court decide?

Quashing of FIR No. 90/2014 of Police Station Subzi Mandi for offence under Sections 498A/406 IPC and proceedings arising out of the same. ¶17

Achinta Kumar Das Vs the State NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2025)

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$~71

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1459/2025

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ACHINTA KUMAR DAS .....Petitioner Through: Mr. Sunil, Advocate with petitioner in person.

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versus

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THE STATE NCT OF DELHI AND ANR. .....Respondents Through: Mr. Nawal Kishore Jha, APP for the State with SI Kiranpal Singh, PS Subzi Mandi Mr. R.K. Mishra, Advocate for R-2

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CORAM:

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HON'BLE MR. JUSTICE GIRISH KATHPALIA

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CRL.M.A. 6549/2025 (exemption)

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Allowed, subject to all just exceptions.

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CRL.M.C. 1459/2025

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The petitioner has sought quashing of FIR No. 90/2014 of Police Station Subzi Mandi for offence under Sections 498A/406 IPC. The petitioner as well as his wife (respondent no. 2 herein) are present in Court and I have spoken with them in Hindi. The petitioner and the respondent no. 2 are identified by Inspr. Yogender Kumar, ATO Inder Puri, and learned counsel for respondent no. 2.

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It is submitted by petitioner and respondent no. 2 that they have settled all their disputes amicably. The respondent no. 2 categorically

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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 01/07/2025 at 09:48:16

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submits that she desires quashing of the subject FIR and proceedings arising out of the same. It is submitted by both parties that their marriage already stands dissolved by decree of divorce with mutual consent and all issues regarding maintenance and custody of children stand settled.

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Having spoken with both parties, I am satisfied that it would be in the interest of justice not to push them through trial.

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Therefore, the petition is allowed and the FIR No. 90/2014 of Police Station Subzi Mandi for offence under Sections 498A/406 IPC and proceedings arising out of the same are quashed.

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GIRISH KATHPALIA, J

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APRIL 2, 2025 ‘ rs’

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Click here to check corrigendum, if any

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Achinta Kumar Das v. the State NCT of Delhi and Anr.

Case brief

What is this about?

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Achinta Kumar Das v. the State NCT of Delhi and Anr.

Case brief

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