Allowed

Rohit Malhotra & Ors. v. State (Govt. of NCT of Delhi) & Anr.

Delhi HC8 Jan 2024CRL.M.C./135/2024

Case brief

AI extract

What is this about?

The Delhi High Court allowed an application to quash an FIR under Section 482 CrPC. The petitioners obtained a divorce by mutual consent and settled all claims. The Court held that continuing proceedings would create acrimony and quashed the FIR along with attendant proceedings.

What did the court decide?

FIR No.216/2020 under Sections 498A/406/34 IPC registered at Police Station Jagat Puri and all consequential proceedings were quashed.

Rohit Malhotra & Ors. Vs State (Govt. of NCT of Delhi)… — Matrimonial and Divorce | Delhi HC (2024)

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$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 135/2024

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ROHIT MALHOTRA & ORS. ..... Petitioner

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Through: Mr. Vipin Dilawari, Adv. with petitioners in person

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versus

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STATE (GOVT. OF NCT OF DELHI) & ANR. ..... Respondent Through: Mr. Raj Kumar, APP for State with SI Rahul Bisht Police Station Jagatpuri, Delhi Mr. H.K. Dhariwal, Adv. for R2 with R2 in person.

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CORAM:

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HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R % 08.01.2024

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CRL.M.A. 554/2024 (exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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CRL.M.C. 135/2024

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The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.216/2020 under Sections 498A/406/34 IPC registered at Police Station Jagat Puri and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

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Issue notice. The learned APP for the State accepts notice. He submits that since the FIR is an outcome of a matrimonial dispute and the parties

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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 07/05/2024 at 11:22:10

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have arrived at a settlement, the State has no objection in case the FIR in question is quashed.

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The petitioner no.1 (former husband), petitioners no. 2, 3 and 4, who are close relatives of petitioner no. 1, as well as, respondent no. 2 (former wife) are present in the Court and they have been identified by their respective counsel and by the Investigating Officer SI Rahul Bisht Police Station Jagatpuri, Delhi.

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The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 22.02.2015 according to Hindu Rites and Customs. Out of the said wedlock, one male child, namely, Aarav was born who is in the care and custody of respondent no.2.

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On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 09.10.2019. The dispute between the parties also led to the registration of present FIR.

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During the pendency of the proceedings, the parties arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 01.06.2023, which is annexed as Annexure-B to the present petition.

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In terms of the said settlement, the parties decided to dissolve their marriage by filing a petition for divorce by way of mutual consent. Accordingly, the petitioner no.1 and respondent no.2 have obtained a decree of divorce dated 03.10.2023, which is annexed as Annexure-C to the present petition.

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It is also a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.4,00,000/- to the respondent no.2 towards full and final settlement of all her claims on account of streedhan , permanent alimony, dowry articles, maintenance (past, present and future)

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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 07/05/2024 at 11:22:10

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etc. Out of the said amount, a sum of Rs.2,50,000/- has already been paid by the petitioner no.1 to the respondent no.2 in the manner as mentioned in the settlement. The remaining amount of Rs.1,50,000/- has been paid to the respondent no.2 today in the court by the petitioner no.1 by way of Demand Draft bearing No.297362 dated 17.11.2023 issued by Punjab National Bank, Shakarpur, Laxmi Nagar, Delhi-110092.

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The receipt of entire amount of Rs.4,00,000/- is acknowledged by the respondent no.2, who is present in court.

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The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.

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In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them. 14. It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

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Consequently, the petition is allowed and the FIR No.216/2020 under Sections 498A/406/34 IPC registered at Police Station Jagat Puri alongwith all other proceedings emanating therefrom, is quashed.

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The petition stands disposed of in the above terms.

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Order be uploaded on the website of this court.

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VIKAS MAHAJAN, J

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JANUARY 8, 2024 N.S. ASWAL

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Rohit Malhotra & Ors. v. State (Govt. of NCT of Delhi) & Anr.

Case brief

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Rohit Malhotra & Ors. v. State (Govt. of NCT of Delhi) & Anr.

Case brief

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