Allowed

Sh Priyank Jain & Ors. v. State Govt of NCT & Anr.

Delhi HC2 Apr 2024CRL.M.C./191/2024

Case brief

AI extract

What is this about?

High Court Delhi allowed a petition under Section 482 Cr.P.C. to quash an FIR registered under Sections 498A/406/34 IPC following a matrimonial settlement and mutual consent divorce decree, ruling that further proceedings would serve no useful purpose.

What did the court decide?

FIR No. 0381/2021 registered at Police Station Laxmi Nagar, East (Delhi) under Sections 498A/406/34 IPC, and all consequential proceedings against petitioners, are quashed.

Sh Priyank Jain & Ors. Vs State Govt of NCT & Anr. — Matrimonial and Divorce | Delhi HC (2024)

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$~18

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IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 191/2024

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SH PRIYANK JAIN & ORS.

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..... Petitioners Through: Mr.K.P. Singh & Mr.Gajender Singh, Advs. along with the petitioners present in person.

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versus

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STATE GOVT OF NCT & ANR.

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..... Respondents Through: Mr.Satinder Singh Bawa, APP. SI Nasir Abbas, PS Laxmi Nagar. Respondent no.2 present in person.

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

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% 02.04.2024 1. 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.0381/2021 registered at Police Station: Laxmi Nagar, East (Delhi) under Sections 498A/406/34 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, on the basis of settlement.

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The learned counsel for the petitioners submits that the subject FIR was an offshoot of the matrimonial discord between the parties, that is, the petitioner no.1 and the respondent no.2. He submits that the parties have amicably settled their inter se disputes and have entered into a Settlement Deed/Memorandum of Understanding dated

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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 06/04/2024 at 11:55:27

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04.03.2023.

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Pursuant to the above-mentioned settlement, the learned Judge, Family Courts, Karkardooma Courts, Delhi has granted a Decree of Divorce by mutual consent dated 14.08.2023 to the parties, that is, the petitioner no.1 and the respondent no.2.

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The respondent no.2, who is present in Court and has been duly identified by the Investigating Officer (IO), reaffirms the abovementioned settlement and states that she has settled all the disputes with the petitioners out of her own free will and without any coercion. The respondent no.2 submits that she does not wish to pursue the proceedings emanating from the FIR any further and has no objection if the present FIR is quashed.

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The learned counsel for the petitioners has handed over a Demand Draft of Rs. 2,00,000/- (Rupees Two Lakhs Only) to the respondent no.2 as per the terms of the Settlement. 6. I have perused the contents of the FIR and considered the submissions made.

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As the disputes between the parties arose out of a matrimonial relationship, and now the same have been amicably settled, a Decree of Divorce has also been passed by the learned Family Court 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.

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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 06/04/2024 at 11:55:27

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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 FIR and all the proceedings emanating therefrom.

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Accordingly, the petition is allowed. FIR No. 0381/2021 registered at Police Station: Laxmi Nagar, East (Delhi) under Sections 498A/406/34 of IPC, and all consequential proceedings emanating therefrom against the petitioners are quashed.

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NAVIN CHAWLA, J

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APRIL 2, 2024 /rv/ RP

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Click here to check corrigendum, if any

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Sh Priyank Jain & Ors. v. State Govt of NCT & Anr.

Case brief

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Sh Priyank Jain & Ors. v. State Govt of NCT & Anr.

Case brief

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