Quashed

Siddharth & Ors. v. the State (Govt. of NCT of Delhi) & Anr.

Delhi HC8 Aug 2019CRL.M.C./2851/2019

Case brief

AI extract

What is this about?

The High Court of Delhi quashed an FIR registered under sections 498-A, 406, and 34 IPC. The court relied on a settlement reached between the parties after divorce, noting the payment of the agreed balance amount by the petitioners as desired by the respondent.

What did the court decide?

FIR No. 739/2013 and proceedings thereunder under Sections 498-A/406/34 IPC were quashed.

Siddharth & Ors. Vs the State (Govt. of NCT of Delhi)… — Matrimonial and Divorce | Delhi HC (2019)

¶1

$~9

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CRL.M.C. 2851/2019 & CRL.M.A.11520/2019

¶4

SIDDHARTH & ORS .... Petitioners

¶5

Through: Mr. Sanjay Kumar Singh, Adv. with the petitioners in person

¶6

versus

¶7

THE STATE (GOVT. OF NCT OF DELHI) & ANR .... Respondents Through: Mr. Raghuvinder Verma, APP with SI Raju Yadav, PS Sultan Puri, Delhi R-2 in person with her mother

¶8

CORAM: HON'BLE MR. JUSTICE CHANDER SHEKHAR O R D E R

¶9

% 08.08.2019

¶10

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.739/2013, under Sections 498-A/406/34 of the Indian Penal Code, 1860 (‘IPC’), registered at P.S.: Sultanpuri, Delhi and the proceedings emanating therefrom.

¶11

The petitioners and respondent No.2 as well as the learned counsel for the petittioners submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Delhi Mediation Centre, Rohini District Courts, Delhi on 20.12.2017, in pursuance whereof, the marriage of the petitioner No.1 and the respondent No.2 stands dissolved vide decree of divorce dated

¶12

10.7.2018.

¶13

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioners have to pay the balance amount of Rs.1 lac to her in terms of the settlement arrived at between the parties. Respondent No.2 further submitted that in case the petitioners make the payment of the balance amount of Rs.1 lac to her, she has no objection to the petition being allowed and the FIR being quashed.

¶14

Learned counsel for the petitioners submitted that the petitioners have brought a demand draft bearing No.243503 dated 31.7.2019 for an amount of Rs.1 lac which has been handed over to the respondent No.2 today in the Court. Learned counsel for the petitioners submitted that in view of the payment of the balance amount to the respondent No.2, the present petition may be allowed and the FIR may be quashed.

¶15

The Investigating Officer (‘IO’), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the settlement arrived at between the parties.

¶16

In view of the aforesaid circumstances and the settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.739/2013, under Sections 498-A/406/34 of the IPC, registered at P.S.: Sultanpuri, Delhi and the proceedings emanating therefrom are quashed.

¶17

Petition is disposed of in above terms. Pending application is also disposed of.

¶18

CHANDER SHEKHAR, J

¶19

AUGUST 08, 2019/rk

Siddharth & Ors. v. the State (Govt. of NCT of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Siddharth & Ors. v. the State (Govt. of NCT of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Hemant Jayantilal Dave Vs Amritashwa

Raju Taank Vs State & Anr.

Manoj Gaur and Ors. Vs the State & Anr.

Geeta Devi & Ors. Vs State ( NCT of Delhi) & Anr.

Sh. Vishal Vs the State (Govt. of N.C.T.) Delhi

Ajay Kumar & Ors. Vs the State & Anr.