Allowed

Rajat Singh Chauhan and Ors. v. State of NCT Delhi and Anr.

Delhi HC19 Jan 2024W.P.(CRL)/186/2024

Case brief

AI extract

What is this about?

The Delhi High Court allowed a writ petition seeking quashing of an FIR under Sections 498A, 406, and 34 IPC. The court quashed the proceedings on the ground that the parties had arrived at a settlement and obtained a divorce by mutual consent.

What did the court decide?

The FIR No.259/2022 under Sections 498A/406/34 IPC and all consequential proceedings were quashed and the petition was disposed of.

Rajat Singh Chauhan and Ors. Vs State of NCT Delhi and… — Matrimonial and Divorce | Delhi HC (2024)

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$~65

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 186/2024

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RAJAT SINGH CHAUHAN AND ORS ..... Petitioners Through: Mr. Mahesh Kumar and Mr. Gulveer Singh, Advs. with petitioners in person

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versus

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STATE OF NCT DELHI AND ANR ..... Respondents Through: Mr. Sanjay Lao, SC for State with SI Vishal PS Ghazipur Mr. Lalit Kant Gautam, Adv. for R2 with respondent no. 2

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CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R % 19.01.2024

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CRL.M.A. 1743/2024 (exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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W.P.(CRL) 186/2024

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The present petition has been filed under Article 226 of the Constitution of India read with Section 482 CrPC seeking quashing of FIR No.259/2022 under Sections 498A/406/34 IPC registered at Police Station Ghazipur, Delhi 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. 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 04/07/2025 at 03:01:52

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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), the petitioners no. 2 – 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 Vishal PS Ghazipur.

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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 28.11.2019 according to Hindu Rites and Customs. Out of the said wedlock, no child was born.

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On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 04.08.2021. 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 deed dated 05.04.2023, 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 01.08.2023, which is annexed as Annexure D 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.10,50,000/- 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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etc. Out of the said amount, a sum of Rs. 8,00,000/- 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. 2,50,000/- has been paid to the respondent no.2 today in the court by the petitioner no.1 by way of Demand Draft bearing No.008053 dated 12.12.2023 issued by Union Bank of India, Friends Colony, New Delhi.

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The receipt of entire amount of Rs.10,50,000/-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.

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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.259/2022 under Sections 498A/406/34 IPC registered at Police Station Ghazipur, Delhi 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 19, 2024 N.S. ASWAL

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Rajat Singh Chauhan and Ors. v. State of NCT Delhi and Anr.

Case brief

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Rajat Singh Chauhan and Ors. v. State of NCT Delhi and Anr.

Case brief

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