Quashed

Anuj Karwa & Ors. v. State & Anr.

Delhi HC9 Feb 2024CRL.M.C./1042/2024

Case brief

AI extract

What is this about?

Quashing petition under Section 482 CrPC for FIR under Sections 498A/406/34 IPC arising from a matrimonial dispute. Parties settled amicably, marriage dissolved by mutual consent divorce and final payment made; State and respondent consented. FIR and proceedings quashed as abuse of process.

What did the court decide?

FIR No. 0030/2021 under Sections 498A/406/34 IPC, PS Hauz Khas, and emanating proceedings quashed; pending application disposed of.

Anuj Karwa & Ors. Vs State & Anr. — Dowry and Cruelty | Delhi HC (2024)

¶1

$~47

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

% Date of Decision: 09.02.2024

¶4

- CRL.M.C. 1042/2024

¶5

ANUJ KARWA & ORS.

¶6

..... Petitioners

¶7

Through: Ms. Mahima Sharma, Advocate with Petitioners-in-person.

¶8

versus

¶9

STATE & ANR. ..... Respondents

¶10

Through: Ms. Kiran Bairwa, APP for the State with SI Dharm Singh, PS: Hauz Khas. Mr. Rachit Sahney, Advocate with respondent No. 2-in-person.

¶11

CORAM:

¶12

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

¶13

% J U D G M E N T

¶14

ANOOP KUMAR MENDIRATTA, J (ORAL)

¶15

1. Petition under 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. 0030/2021, under Sections 498A/406/34 IPC registered at P.S.: Hauz Khas, Delhi and the proceedings emanating therefrom.

¶16

2. Issue notice. Learned APP for the State and learned counsel for respondent No. 2 along with respondent No. 2 in person appear on advance notice and accept notice.

¶17

3. 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 13.07.2016. No child was born out of the said wedlock. Due

¶18

Signature Not Verified

¶19

Page 1 of 3

¶20

CRL.M.C. 1042/2024

¶21

Digitally Signed By:DINESH CHANDRA Signing Da te:1 6.02.2024 15:47:32

¶22

to temperamental differences between the parties, petitioner No.1 and respondent No.2 started living separately since 12.07.2018. On complaint of respondent No.2, present FIR was registered on 20.01.2021, apart from other litigations, which were initiated on behalf of respondent No. 2.

¶23

4. The matter is stated to have been amicably resolved between the parties, in terms of Settlement Agreement dated 08.06.2023. The marriage between petitioner No. 1 and respondent No. 2 is stated to have been dissolved by way of mutual consent under Section 13B(2) of the Hindu Marriage Act vide decree of divorce dated 06.09.2023.

¶24

5. Balance amount of Rs. 5,00,000/- is stated to have been paid through RTGS to respondent No. 2 towards full and final settlement between the parties.

¶25

6. 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.

¶26

7. Petitioners as well as respondent No. 2 are present in person and have been identified by SI Dharm Singh, PS: Hauz Khas, Delhi. 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.

¶27

8. 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. 0030/2021, under Sections 498A/406/34 IPC registered at P.S.: Hauz Khas, Delhi and the proceedings emanating

¶28

Signature Not Verified

¶29

Page 2 of 3

¶30

CRL.M.C. 1042/2024

¶31

Digitally Signed By:DINESH CHANDRA Signing Da te:1 6.02.2024 15:47:32

¶32

therefrom stand quashed.

¶33

Petition is accordingly disposed of. Pending application, if any, also stands disposed of.

¶34

A copy of this order be forwarded to the learned Trial Court for information.

¶35

ANOOP KUMAR MENDIRATTA, J.

¶36

FEBRUARY 09, 2024 /R

¶37

Signature Not Verified

¶38

Page 3 of 3

¶39

CRL.M.C. 1042/2024

¶40

Digitally Signed By:DINESH CHANDRA Signing Da te:1 6.02.2024 15:47:32

Anuj Karwa & Ors. v. State & Anr.

Case brief

What is this about?

What did the court decide?

Anuj Karwa & Ors. v. State & 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

Sanjeev Kumar Panchal & Ors. Vs State (Gnctd) & Anr.

Janakraj & Ors. Vs State Govt. of NCT of Delhi & Anr.

Mazhar Vs State(Nct of Delhi)

Anil @ Talli Vs State of NCT of Delhi and Anr.

Lavina Bhaskar Vs State of NCT of Delhi & Anr.

Archana Goswami Vs Govt of NCT of Delhi & Anr.