Allowed

Lalit Kumar and Ors. v. State NCT of Delhi and Anr.

Delhi HC9 Jan 2024CRL.M.C./190/2024

Case brief

AI extract

What is this about?

Coram HON'BLE MR. JUSTICE MANOJ KUMAR OHRI passed an order quashing the FIR registered in a matrimonial dispute. The court considered a settlement deed and mutual divorce decree. The court held that since the settled disputes, no useful purpose would be served by continuing criminal proceedings, thus granting the petition for quashing.

What did the court decide?

Quashing of FIR No.240/2017 and consequent proceedings, subject to encashment of the Demand Draft.

Lalit Kumar and Ors. Vs State NCT of Delhi and Anr. — Matrimonial and Divorce | Delhi HC (2024)

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$~82

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 190/2024

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LALIT KUMAR AND ORS ..... Petitioners

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Through: Dr. Vimal Verma and Mr. M.C. Sharma, Advocates

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versus

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STATE NCT OF DELHI AND ANR. ..... Respondents Through: Mr. Naval Kishore Jha, APP for State with SI Vinay Mr. Ranbir Singh, Advocate for respondent No.2

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CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

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O R D E R

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% 09.01.2024

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CRL.M.A. 757/2024 (exemption)

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Allowed, subject to all just exceptions.

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The application stands disposed of.

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CRL.M.C. 190/2024

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By way of present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.240/2017 registered under Sections 498A/406/34 IPC at P.S. Shakarpur (East District), Delhi on the ground that the parties have amicably settled their disputes.

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The present FIR is an outcome of a matrimonial dispute between the complainant/respondent No. 2 (wife) and petitioner No.1/(husband) whereas petitioner Nos. 2 to 4 are the relatives.

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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 14:25:27

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Learned APP for the State submits that the present petitioners are the only accused persons and respondent No. 2 is the only complainant/victim.

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Learned counsels for the parties submit that the parties have entered into a settlement vide Settlement Deed dated 24.07.2023 in the Court of learned Principal Judge, Family Court, Patiala House Courts, New Delhi. It is stated that the parties have already been granted divorce by mutual consent vide divorce decree dated 12.12.2023 passed by the Family Court, Patiala House Courts, New Delhi in HMA No. 1204/2023. As per the terms of the settlement, it was agreed that a sum of Rs.33,00,000/- would be paid as full and final settlement by petitioner No.1 to respondent No. 2 and a sum of Rs.16,00,000/- has already been paid to respondent No. 2. A demand draft of the remaining amount i.e., Rs.17,00,000/-, bearing No.688458 dated 05.01.2024 drawn at State Bank of India, Vasant Vihar, Delhi has been handed over to respondent No.2 in the court.

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Furthermore, as per the terms of the divorce decree, it has been further agreed between the parties that the rights of the minor child as available under the law shall remain unaffected. Petitioner No.1, who is present in Court, reiterates the same.

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The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels and the Investigating Officer. Respondent No.2 further acknowledges the receipt of the settlement amount. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the present petitioners.

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Respondent No. 2 also states that she has entered into the aforesaid settlement with her own free will, volition and without any coercion. She

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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 14:25:27

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further states that she has no objection if the present FIR and consequent proceedings are quashed.

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Learned counsels for the parties submit that no other proceedings are pending between the parties.

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The parties shall remain bound by the statements made in Court today.

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In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed subject to encashment of the aforesaid Demand Draft.

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The petition is disposed of in the above terms.

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MANOJ KUMAR OHRI, J

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JANUARY 9, 2024 na

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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 14:25:27

Lalit Kumar and Ors. v. State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Lalit Kumar and Ors. v. State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

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