Allowed

Amit Pahuja & Ors. v. State Govt. of NCT of Delhi and Anr.

Delhi HC7 Jan 2025CRL.M.C./8/2025

Case brief

AI extract

What is this about?

The court allowed a petition to quash an FIR under Sections 498A/406/34 IPC registered at P.S. Dwarka South. The quashing was based on a settlement arrived at on 28th February 2023 via the Counselling Cell of the Family Courts, where the outstanding balance of Rs. 10 lakhs was paid in court, and the petitioner has since divorced the wife.

What did the court decide?

The petition for quashing FIR no. 432/2017 registered at P.S. Dwarka South under Sections 498A/406/34 IPC was allowed, and the FIR and proceedings therefrom were quashed.

Amit Pahuja & Ors. Vs State Govt. of NCT of Delhi and… — Maintenance and Alimony | Delhi HC (2025)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 8/2025

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AMIT PAHUJA & ORS. .....Petitioners

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Through: Ms. Renu Kuhar & Ms. Deepshikha, Advs. with petitioners in person

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versus

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STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Satinder Singh Bawa, APP for State with SI Seema PS Dwarka South & IO SI Jagdish with R-2

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 07.01.2025

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This petition has been filed seeking quashing of FIR no. 432/2017 registered at P.S. Dwarka South, under Sections 498A/406/34 IPC on the basis of settlement arrived at between the parties dated 28^th February 2023, with facilitation of the Counselling Cell, Family Courts, Dwarka, which is on record of this Court.

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Petitioner nos. 1, 2, 4, 5 and 7 respondent no.2 are present in Court while petitioner nos. 3 and 6 are present through VC, all of them are duly identified by IO and the respective counsel.

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As per the settlement, an outstanding balance of Rs. 10 lakhs is being paid today vide DD no. 014090 drawn on HDFC Bank. The same has been handed over to respondent no.2 who has duly received it in Court. Respondent No. 2 states that she has no objection to the quashing of the FIR since all other aspects of settlement have also been complied with by 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 24/01/2025 at 15:10:15

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parties.

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Marriage of petitioner no.1 and respondent no. 2 has resulted in a divorce by decree dated 8^th April, 2024. One son was born out of wedlock.

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Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR no. 432/2017 registered at P.S. Dwarka South, under Sections 498A/406/34 IPC and proceedings emanating therefrom are quashed.

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Parties shall abide by the terms of settlement.

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Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

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It is however made clear that the said settlement will not affect the rights of the minor child in future.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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JANUARY 7, 2025/sm/ tk

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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 24/01/2025 at 15:10:15

Amit Pahuja & Ors. v. State Govt. of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Amit Pahuja & Ors. v. State Govt. of NCT of Delhi and Anr.

Case brief

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What did the court decide?

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