Allowed

Sachin Kumar @ Sachin Rajput & Ors. v. State of NCT of Delhi & Anr.

Delhi HC9 Jan 2024CRL.M.C./194/2024

Case brief

AI extract

What is this about?

Quashing of an FIR under Sections 498A/406/34 IPC following a matrimonial settlement, divorce decree and payment of Rs. 2 lakh to the complainant. With both complainant and State having no objection, the High Court quashed the FIR, chargesheet and all consequential proceedings.

What did the court decide?

FIR No. 218/2019 (Sections 498A/406/34 IPC), chargesheet and all consequential proceedings quashed; pending applications disposed of.

Sachin Kumar @ Sachin Rajput & Ors. Vs State of NCT of Delhi… — Dowry and Cruelty | Delhi HC (2024)

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$~64

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 194/2024 & CRL.M.A. 771/2024 (Stay), CRL.M.A. 772/2024 (Exemption)

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SACHIN KUMAR @ SACHIN RAJPUT & ORS. ..... Petitioners Through: Mr. Satender Kumarand Mr. Bharat Saini, Advocates alongwith petitioners in person.

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versus

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STATE OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Sanjeev Sabharwal, APP for the State. Insp. Satbir Singh, PS Subzi Mandi. Mr. Deepak Verma, Advocate for R2. R-2 through VC.

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CORAM:

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HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R

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% 09.01.2024

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The present petition filed under Section 482 of the CrPC seeks quashing of the FIR No. 218/2019, under Sections 498A/406/34 of the IPC, registered at P.S. Subzi Mandi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Reetika Jain, learned Metropolitan Magistrate, (Central), Tis Hazari Courts, Delhi.

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The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 15.04.2018 as per Hindu rites and ceremonies. 3. No child was born out of the said wedlock.

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Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately from 31.08.2018.

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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 14:25:25

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Subsequently, respondent no.2/complainant lodged an FIR against petitioner no.1 (husband), petitioner no. 2 (father-in-law), petitioner no. 3 (mother-inlaw) and petitioners no. 4 and 5 (brothers-in-law).

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On 16.10.2020, parties arrived at a settlement before the Counselling Cell, Family Court, Tis Hazari Courts, Delhi, and as per the said settlement deed, petitioner no.1 has agreed to pay an amount of Rs. 2,00,000/- to the respondent no.2/wife towards full and final settlement of all her claims including istridhan , permanent alimony and maintenance - present, past and future. The copy of the aforesaid settlement deed dated 16.10.2020 is placed on record (Annexure C).

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In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 21.01.2022, passed by Shri Bhupesh Kumar, Judge, Family Court (Central), Tis Hazari Courts, Delhi (Annexure D). Further, as per the settlement deed, an amount of Rs. 1,20,000/- has already been paid to respondent no.2 and the remaining amount of Rs. 80,000/- has been paid to her counsel in Court today on her instructions.

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Petitioners are present before the Court and complainant/respondent no. 2 through video conferencing and have been duly identified by their respective counsel, as well as the Investigating Officer, Insp. Satbir Singh, PS Subzi Mandi.

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The complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. She further states that all the terms of the agreement have been complied with.

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In view of the settlement between the parties, learned APP for the

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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 14:25:25

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State also has no objection if the present FIR is quashed.

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In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-

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“61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.”

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In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 218/2019, under Sections 498A/406/34 of the IPC, registered at P.S. Subzi Mandi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Reetika Jain, learned Metropolitan Magistrate, (Central), Tis Hazari Courts, Delhi.

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In the interest of justice, the petition is allowed, and the FIR No. 218/2019, under Sections 498A/406/34 of the IPC, registered at P.S. Subzi Mandi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Reetika Jain, learned Metropolitan Magistrate, (Central), Tis Hazari Courts, Delhi, is hereby quashed.

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Petition is allowed and disposed of accordingly.

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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 14:25:25

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AMIT SHARMA, J JANUARY 09, 2024 /sn

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Pending application(s), if any, also stand disposed of.

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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 14:25:25

Sachin Kumar @ Sachin Rajput & Ors. v. State of NCT of Delhi & Anr.

Case brief

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Sachin Kumar @ Sachin Rajput & Ors. v. State of NCT of Delhi & Anr.

Case brief

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