Allowed

Shiv Kumar Pal and Others v. State and Anr.

Delhi HC15 Feb 2024CRL.M.C./1243/2024

Case brief

AI extract

What is this about?

The Delhi High Court allowed a petition under Section 482 Cr.P.C. to quash an FIR registered for matrimonial offences. The Court relied on a settlement agreement, mutual consent divorce, and the respondent's waiver to quash the proceedings in the interest of justice.

What did the court decide?

FIR No. 0347/2022 registered at PS Sarai Rohilla under Sections 498A/406/34 IPC and all consequential proceedings against petitioners are quashed.

Shiv Kumar Pal and Others Vs State and Anr. — Matrimonial and Divorce | Delhi HC (2024)

¶1

$~84

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

+ CRL.M.C. 1243/2024

¶4

SHIV KUMAR PAL AND OTHERS

¶5

Through: versus	... Mr.Prakhar Sh Mr.Rajeev Rathee, with petitioners Court.	.. Petit arma Advs. prese	ioners & along nt in
STATE AND ANR	.....	Respo	ndents
Through:	Mr.Satinder Singh along with ASI Ani Sarai Rohilla.	Bawa, l Kum	APP ar, PS
	Respondent no.2	prese	nt in
	person.

¶6

CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA O R D E R % 15.02.2024 CRL.M.A. 4910/2024 (Exemption)

¶7

Allowed, subject to all just exceptions.

¶8

CRL.M.C. 1243/2024

¶9

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) seeking quashing of FIR No.0347/2022 registered at Police Station: Sarai Rohilla under Sections 498A/406/34 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, on the basis of settlement.

¶10

Issue notice.

¶11

Notice is accepted by Mr.Satinder Singh Bawa, learned APP on behalf of respondent no.1.

¶12

This is a digitally signed order.

¶13

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 15:42:05

¶14

The learned counsel for the petitioners submits that the subject FIR was an offshoot of the matrimonial discord between the parties, that is, the petitioner no.1 and the respondent no.2. He submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Settlement Agreement dated 10.02.2023 before the Delhi Mediation Centre, Tis Hazari Courts, Delhi.

¶15

Pursuant to the above Settlement between the parties, the learned Family Court has granted divorce to the petitioner no. 1 and the respondent no. 2 by mutual consent. 6. The respondent no.2, who is present in Court and has been duly identified by the Investigating Officer (IO), re-affirms the settlement and states that she has settled all the inter se disputes with the petitioners of her own free will and without any coercion. The respondent no.2 submits that she does not wish to pursue the proceedings emanating from the FIR any further and has no objection if the present FIR is quashed.

¶16

The learned counsel for the petitioners has handed over a Demand Draft of Rs.3,00,000/- (Rupees Three Lakhs Only) to the counsel for respondent no.2 as per the terms of the Settlement. 8. I have perused the contents of the FIR and also the settlement between the parties.

¶17

Keeping in view the fact that the respondent no.2 does not wish to pursue her complaint any further, as also the Settlement arrived at between the parties, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as it would create further acrimony between the parties and will be an unnecessary

¶18

This is a digitally signed order.

¶19

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 15:42:05

¶20

burden on the State exchequer.

¶21

Guided by the principles enunciated by the Supreme Court in its judgments in Jitendra Raghuvanshi v. Babita Raghuvanshi, (2013) 4 SCC 58, Gian Singh v. State of Punjab , (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 3, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.

¶22

Accordingly, the petition is allowed. FIR No.0347/2022 registered at Police Station: Sarai Rohilla under Sections 498A/406/34 of IPC, and all consequential proceedings emanating therefrom against the petitioners are quashed.

¶23

The petition is disposed of in the above terms.

¶24

NAVIN CHAWLA, J

¶25

FEBRUARY 15, 2024 /rv/am Click here to check corrigendum, if any

¶26

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 15:42:05

Shiv Kumar Pal and Others v. State and Anr.

Case brief

What is this about?

What did the court decide?

Shiv Kumar Pal and Others v. State and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sushil Kansal and Others Vs State(Nct of Delhi) and Anor

X Vs State NCT of Delhi & Anr.

Tdi Infrastructure Ltd. Vs Govt. of NCT of Delhi & Ors.

Jai Parkash & Ors. Vs State NCT of Delhi & Anr.

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

Rahul Yadav & Ors. Vs State of Delhi & Anr.