Allowed

Devender Kumar Rana v. the State Govt.of NCT of Delhi

Delhi HC15 Feb 2024CRL.M.C./1227/2024

Case brief

AI extract

What is this about?

The Delhi High Court quashed FIR No. 357/2022 under Sections 498A/406/34 IPC in a matrimonial dispute. The court noted an amicable settlement was reached between the parties, supported by a divorce decree via mutual consent, and held no useful purpose to keep the case pending.

What did the court decide?

FIR No. 357/2022 dated 20.06.2022 under Sections 498A/406/34 IPC and proceedings emanating therefrom stand quashed.

Devender Kumar Rana Vs the State Govt.of NCT of Delhi — Quashing and FIR | Delhi HC (2024)

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$~52

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL. M.C. 1227/2024

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AMAR GUPTA & ORS. ..... Petitioners Through: Ms.Sonia Arora and Mr.Nitin Arora, Advocates alongwith petitioners in person.

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versus

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STATE (GOVT. OF NCT OF DELHI) & ANR. .... Respondents Through: Mr.Anand V.Khatri, ASC, GNCTD with SI Krantiveer Singh, P.S. Madhu Vihar. Mr.Yogender Kr.Sharma, Advocate alongwith respondent No.2 in person.

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CORAM:

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HON'BLE MR.JUSTICE PURUSHAINDRA KUMAR KAURAV

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O R D E R

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% 24.04.2024

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CRL.M.A. 11905/2024

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Exemption allowed, subject to just exceptions.

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Application stands disposed of.

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CRL.M.C. 1227/2024

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Petition under Article 226 of the Constitution of India read with 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. 357/2022 dated 20.06.2022 under Sections 498A/406/34 Indian Penal Code, 1860 (‘IPC’) registered at P.S.: Madhu Vihar and proceedings emanating therefrom.

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

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Page 1 of 3

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W.P.(CRL.) 1227/2024

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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 02/07/2025 at 09:12:27

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notice and accept notice.

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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 05.02.2017. A child was born out of the wedlock. Due to temperamental differences, respondent No.2 and petitioner No.1 started living separately since 09.06.2020. Subsequently, present FIR was registered on the complaint of respondent No.2, on 20.06.2022.

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However, the disputes are stated to have been amicably settled between the parties vide Settlement Deed dated 09.06.2023. The marriage between petitioner No.1 and respondent No.2 has been dissolved by decree of divorce by way of mutual consent under Section 13B(2) of the Hindu Marriage Act,1955 vide judgment dated 10.01.2024.

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Total settlement amount of Rs.6,00,000/- was to be paid by the petitioners to respondent No.2 in three instalments. The amount of Rs.4,00,000/- has already been paid and the balance amount of Rs.2,00,000/has been paid to respondent No.2 today through DD No. 062735 dated 22.04.2024 drawn on Axis Bank Ltd, Janakpuri, New Delhi Branch in favour of respondent No.2.

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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.

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Petitioners and respondent No.2 are present in person and have been identified by SI Krantiveer Singh, P.S.: Madhu Vihar. 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.

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Page 2 of 3

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W.P.(CRL.) 1227/2024

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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 02/07/2025 at 09:12:27

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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. 357/2022 dated 20.06.2022 under Sections 498A/406/34 IPC registered at P.S.: Madhu Vihar and the proceedings emanating therefrom stand quashed.

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It is made clear that in view of the dictum of the Hon’ble Supreme Court in the case of Ganesh v. Sudhirkumar Shrivastava and Others¹ , the terms of settlement between petitioner No.1 and respondent No.2 will not come in the way of their child enforcing his rights against the parties, if and when he chooses to do so.

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