Allowed

Sandeep Dhoundiyal & Ors. v. State Goverment of NCT of Delhi and Anr.

Delhi HC1 Mar 2024CRL.M.C./1764/2024

Case brief

AI extract

What is this about?

The Delhi High Court exercised inherent powers to quash an FIR registered under Sections 498A, 406 IPC arising from matrimonial discord. The court noted the parties had settled all disputes via mediation and obtained a mutual consent decree of divorce, deeming it unnecessary for proceedings to continue.

What did the court decide?

FIR No.0312/2021 registered at Police Station: Dabri, District Dwarka, Delhi under Sections 498A/406/506/34 of IPC and all consequential proceedings are quashed.

Sandeep Dhoundiyal & Ors. Vs State Goverment of NCT of Delhi… — Dowry and Cruelty | Delhi HC (2024)

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$~50

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1764/2024

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SANDEEP DHOUNDIYAL & ORS. ..... Petitioners Through: Ms.Shaoli Lala, Adv. along with petitioners in person.

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versus

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STATE GOVERMENT OF NCT OF DELHI AND ANR.

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..... Respondents Through: Mr.Satinder Singh Bawa, APP with SI Naresh Kumar Ms.Jyoti Gupta, Adv. for R-2 along with R-2 in person.

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CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA O R D E R % 01.03.2024

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CRL.M.A. 6758/2024 (Exemption)

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Allowed, subject to all just exceptions.

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CRL.M.C. 1764/2024

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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.0312/2021 registered at Police Station: Dabri, District Dwarka, Delhi under Sections 498A/406/506/34 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, on the basis of a settlement.

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Issue notice.

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Notice is accepted by Mr.Satinder Singh Bawa, learned APP and by Ms.Jyoti Gupta, learned counsel for the respondent no.2.

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The learned counsel for the petitioners submits that the subject

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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 06/03/2024 at 11:26:02

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FIR was an offshoot of the matrimonial discord between the parties, that is, the petitioner no. 1 and the respondent no. 2.

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The learned counsel for the petitioners submits that the parties have amicably settled all their inter se disputes before Mediation Centre, Dwarka Courts, New Delhi and have arrived at a settlement vide Mediation Settlement dated 22.03.2023. 7. Pursuant to the above settlement, petitioner no.1 and respondent no.2 have also obtained divorce by way of mutual consent vide decree of divorce dated 15.01.2024.

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The respondent no.2 is present in person and has been duly identified by the Investigating Officer (IO). She submits that all the amounts in terms of the settlement have been received by her. 9. The respondent no.2 affirms that she has settled all the disputes with the petitioners of her own free will and without any coercion. The respondent no.2 submits that she has no objection if the present FIR is quashed.

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I have perused the contents of the FIR and also the settlement between the parties.

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As the disputes between the parties arose out of a matrimonial relationship, and now the same have been amicably settled; parties have also obtained a decree of divorce pursuant to the settlement, and also looking into the nature of the allegations made in the complaint, in my opinion, no useful purpose would be served in keeping the FIR alive. In fact, it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer. 12. Guided by the principles enunciated by the Supreme Court in its

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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 06/03/2024 at 11:26:02

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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 335, 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 subject FIR and all the proceedings emanating therefrom.

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Accordingly, the petition is allowed. FIR No.0312/2021 registered at Police Station: Dabri, District Dwarka, Delhi under Sections 498A/406/506/34 of the IPC and all consequential proceedings emanating therefrom against the petitioners are quashed.

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NAVIN CHAWLA, J

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MARCH 1, 2024 /ns/am

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Click here to check corrigendum, if any

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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 06/03/2024 at 11:26:02

Sandeep Dhoundiyal & Ors. v. State Goverment of NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Sandeep Dhoundiyal & Ors. v. State Goverment of NCT of Delhi and Anr.

Case brief

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What did the court decide?

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