Allowed

Mrinal Kumar Arora and Ors. v. State through SHO Ps Mahendra Park and Anr.

Delhi HC13 Feb 2024CRL.M.C./1167/2024

Case brief

AI extract

What is this about?

The Delhi High Court quashed an FIR under Sections 406, 498A, and 34 IPC in a matrimonial dispute. The court relied on a compromise settlement where the husband paid maintenance and alimony, and the marriage was dissolved by decree of divorce. The Special Public Prosecutor also consented to quashing.

What did the court decide?

The FIR No. 0541/2020 and all consequential proceedings, including the pending chargesheet, are quashed.

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

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$~55

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1167/2024

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MRINAL KUMAR ARORA AND ORS ..... Petitioners

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Through: Mr. Sanjeev Sharma, Adv. with petitioners in person.

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versus

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STATE THROUGH SHO PS MAHENDRA PARK AND ANR

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..... Respondents Through: Mr. Sunil Kumar Gautam, APP for State with ASI Azad Ali, P.S. Mahendra Park. Mr. Javed Ahmed, Adv. for R-2 with R-2 in person.

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CORAM: HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R % 13.02.2024

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The present petition filed under Section 482 of the Cr.P.C. seeks quashing of the FIR No. 0541/2020, under Sections 406/498A/34 IPC, registered at P.S. Mahendra Park and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Nidhi Chitkara, learned Metropolitan Magistrate, Mahila Court -02, District Courts, Rohini, Delhi.

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The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 09.07.2019 as per Hindu rites and ceremonies.

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No child was born out of the said wedlock.

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Due to matrimonial differences between petitioner no. 1 and

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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 17/12/2024 at 15:23:11

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respondent no. 2, the parties started residing separately from 15.09.2019. Subsequently, respondent no.2/complainant lodged an FIR against petitioner no.1 (husband), petitioner no. 2 (mother-in-law), petitioner no. 3 (brother-inlaw/ jeth ), petitioner no. 4 (sister-in-law/ jethani/bhabi ), petitioner no. 5 (maternal uncle/ mama sasur ), petitioner no. 6 (maternal auntie/ masi sas ), petitioner no. 7 (maternal uncle/ mausa sasur ), petitioner no. 8 (maternal aunt/ mausi sas )

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On 15.07.2023, parties arrived at a settlement and as per the said settlement deed, petitioner no.1 has agreed to pay an amount of Rs. 9,00,000/- to the respondent no.2/wife towards full and final settlement of all her claims including istridhan , permanent alimony and maintenance - present, past and future. The copy of the aforesaid settlement deed dated 15.07.2023 is on record (Annexure P-2 colly).

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In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 21.12.2023, passed by Shri Sanjay Kumar Aggarwal, Principal Judge, Family Court, Central, Tis Hazari Courts, Delhi (Annexure P-3 colly). Further, as per the settlement deed, an amount of Rs. 6,50,000/- has already been paid to respondent no.2 and the remaining amount of Rs. 2,50,000/- has been paid to her in court today, by means of a demand draft.

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Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, ASI Azad Ali, P.S. Mahendra Park.

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A demand draft bearing no. 004498 dated 23.01.2024 for Rs. 2,50,000/- drawn on HDFC Bank has been handed over to the complainant/Respondent No.2, who acknowledges the receipt of the same.

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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 17/12/2024 at 15:23:11

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The complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. She further states that all the terms of the agreement have been complied with.

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In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed.

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In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-

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“61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.”

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In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 0541/2020, under Sections 406/498A/34 IPC, registered at P.S. Mahendra Park and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Nidhi Chitkara, learned Metropolitan Magistrate, Mahila Court-02, District Courts, Rohini, Delhi.

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In the interest of justice, the petition is allowed, and the FIR No. 0541/2020, under Sections 406/498A/34 IPC, registered at P.S. Mahendra Park and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Nidhi Chitkara, learned

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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 17/12/2024 at 15:23:11

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Metropolitan Magistrate, Mahila Court-02, District Courts, Rohini, Delhi., is hereby quashed.

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Petition is allowed and disposed of accordingly.

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Pending application(s), if any, also stand disposed of.

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AMIT SHARMA, J

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FEBRUARY 13, 2024/nk

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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 17/12/2024 at 15:23:11

Mrinal Kumar Arora and Ors. v. State through SHO Ps Mahendra Park and Anr.

Case brief

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What did the court decide?

Mrinal Kumar Arora and Ors. v. State through SHO Ps Mahendra Park and Anr.

Case brief

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