Allowed

Hariram Prajapat & Ors. v. State & Anr.

Delhi HC1 Mar 2024CRL.M.C./1741/2024

Case brief

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What is this about?

Petition to quash FIR for offences under Sections 498A/406/34 IPC arising from matrimonial dowry allegations. Parties settled amicably via memorandum of understanding; complainant confirmed voluntary settlement and receipt of full payment. Court held continuance would serve no purpose and quashed FIR and consequential proceedings.

What did the court decide?

FIR No.1011/2022 PS Mukherjee Nagar and all consequential proceedings quashed.

Hariram Prajapat & Ors. Vs State & Anr. — Dowry and Cruelty | Delhi HC (2024)

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$~54

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1741/2024

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HARIRAM PRAJAPAT & ORS. ..... Petitioners Through: Ms. Deepti Sagar & Mr. Raj Kumar, Advocates along with petitioners in person.

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versus STATE & ANR. ..... Respondents Through: Mr. Naresh Kumar Chahar, APP for the State with SI Sanjeeta, P.S. Mukherjee Nagar, Delhi. Mr. Arun Khatri, Mr. Akshay, Mr. Sahil Khurana, Ms. Saumya Bajaj, Mr. Ishaan Michu, Mr. Sher Lamba, Mr. Nishant Mooda, Advocates along with complainant in person.

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CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

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O R D E R % 01.03.2024

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CRL.M.A. 6673/2024 (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. 1741/2024

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The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) has been filed by the petitioners praying for quashing of FIR bearing No.1011/2022 registered at Police Station

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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 05/03/2024 at 11:01:38

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Mukherjee Nagar, Delhi for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 (IPC).

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Notice. Mr. Naresh Kumar Chahar, learned APP accepts notice on behalf of the State. 5. Briefly stated the facts of the present case are that the petitioner No.1 had married respondent No.2 on 12.07.2013 according to Hindu rites and ceremonies. After solemnization of the marriage, petitioner No.1 and respondent No.2 lived together as husband and wife and cohabited with each other. However, no child was born out of their wedlock. Soon after the marriage owing to temperamental differences, the relationship between the petitioner No.1 and respondent No.2 deteriorated. Several efforts for reconciliation were made but to no avail. Finally, in order to avoid further deterioration in relationship, which might reflect on their families and future, the petitioner No.1 and respondent No.2 started living separately from each other since May, 2018. Several efforts and attempts were made by the parents and acquaintances to effect reconciliation and for a resumption of the marital relationship but it was not possible owing to the vital differences in temperaments. Consequently, the present FIR was registered levelling allegations of dowry against the petitioners.

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All the petitioners are present before this Court and have been identified by their counsel Ms. Deepti Sagar and Investigating Officer (IO) SI Sanjeeta from Police Station Mukherjee Nagar, Delhi. 7. On the query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent No.2 that the entire dispute has been

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amicably settled between the parties vide Memorandum of Understanding dated 17.10.2023 entered into between them.

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It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner No.1 and other family members.

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The petitioner no.1 had paid a sum of Rs.9,99,999/- to respondent no.2 by way of Demand Draft bearing No.823947 dated 07.07.2023 drawn on Bank of Baroda. Today, the complainant, who is present in Court states that she has already received the sum of Rs.9,99,999/- in full and final settlement from petitioner no.1 and has no objection if the FIR is quashed. 10. In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

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Accordingly, FIR bearing No.1011/2022 registered at Police Station Mukherjee Nagar, Delhi for offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed.

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The petition stands disposed of.

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SWARANA KANTA SHARMA, J

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MARCH 1, 2024/ hs

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Click here to check corrigendum, if any

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Hariram Prajapat & Ors. v. State & Anr.

Case brief

What is this about?

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Hariram Prajapat & Ors. v. State & Anr.

Case brief

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