Allowed

Rishi Kapoor & Ors. v. State G.N.C.T of Delhi & Anr.

Delhi HC21 Feb 2024CRL.M.C./1410/2024

Case brief

AI extract

What is this about?

Delhi High Court quashed FIR No.226/2020 under Sections 498A/406 IPC in a matrimonial dispute. The Court held that since parties settled the dispute, obtained a mutual consent decree of divorce, and the petitioner paid full alimony/streedhan, no useful purpose would be served in continuing criminal proceedings.

What did the court decide?

FIR No.226/2020 and all consequential proceedings issued therefrom stood quashed.

Rishi Kapoor & Ors. Vs State G.N.C.T of Delhi & Anr. — Dowry and Cruelty | Delhi HC (2024)

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$~47

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1410/2024 RISHI KAPOOR & ORS. ..... Petitioners Through: Mr. Gaurav Dalal, Adv. along with petitioners in person.

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versus STATE G.N.C.T OF DELHI & ANR. ..... Respondents Through: Mr. Hemant Mehla, APP for State with SI Avaneesh Kumar, PS. Jagatpuri and ASI Kamaljeet, PS. M.S. Park. Ms. Vanshita, Adv. for R-2.

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CORAM:

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HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R

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% 21.02.2024

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CRL.M.A. 5569/2024(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. 1410/2024

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The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.226/2020 under Sections 498A/406/34 IPC registered at Police Station Jagatpuri 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 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) and the petitioner nos. 2 and 3,

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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 23/02/2024 at 10:49:28

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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 counsel and by the Investigating Officer SI Avaneesh Kumar, PS. Jagatpuri and ASI Kamaljeet, PS. M.S. Park.

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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 27.06.2017 according to Hindu Rites and Customs. Out of the said wedlock, one girl child namely Pratishtha was born on 13.03.2018, who is presently in the care and custody of the respondent no.2/mother.

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On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 09.12.2017. 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 were referred to Delhi Mediation Centre, Karkardooma Courts, Delhi, where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 21.10.2023, which is annexed as Annexure P-3 to the present petition. 9. 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 06.01.2024, which is annexed as Annexure P-4 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.11 lacs 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) etc. Out of the said amount, a sum of Rs. 5 lacs has already been paid by the

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petitioner no.1 to the respondent no.2 in the manner as mentioned in the settlement. The remaining amount of Rs. 6 lacs has been paid to the respondent no.2 today in the court by the petitioner no.1 by way of Demand Draft bearing No.159440 dated 29.01.2024 issued by State Bank of India, Model Town.

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The receipt of entire amount of Rs.11 lacs 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.

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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.226/2020 under Sections 498A/406/34 IPC registered at Police Station Jagatpuri 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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FEBRUARY 21, 2024/dss

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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 23/02/2024 at 10:49:28

Rishi Kapoor & Ors. v. State G.N.C.T of Delhi & Anr.

Case brief

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What did the court decide?

Rishi Kapoor & Ors. v. State G.N.C.T of Delhi & Anr.

Case brief

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