Allowed

Subudhi Jain & Ors. v. State Govt. of NCT of Delhi and Anr.

Delhi HC12 Nov 2024CRL.M.C./1976/2024

Case brief

AI extract

What is this about?

The High Court allowed a petition to quash an FIR registered under Sections 498A/406/417/34 IPC, noting that the parties had arrived at a settlement, the petitioner had complied with the monetary obligations, and the accused family members were exempted. The court held that continuing the proceedings would be a misuse of process.

What did the court decide?

Quashing of FIR No. 144/2015 and proceedings emanating thereunder.

Subudhi Jain & Ors. Vs State Govt. of NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2024)

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$~77

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IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1976/2024 CRL.M.A. 33845/2024 SUBUDHI JAIN & ORS. .....Petitioner Through: Mr. Hemant Choudhary, Ms. Pooja and Ms. Jyoti Mandal, Advocates along with petitioner in person. versus

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STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondent Through: Mr. Sanjeev Sabharwal, APP for the State with SI Vijay Pal Singh, PS: CWC Nanakpura. Ms. Zeba Khair, Ms. Farhee & Ms. Ananya Garg, Advs for R-2 Respondent No. 2 in person.

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CORAM:

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HON'BLE MR. JUSTICE ANISH DAYAL

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This petition has been filed seeking quashing of FIR no. 144/2015, registered at PS Caw Cell/Nanak Pura, Delhi under Sections 498A/406/417/34 IPC on the basis of settlement arrived at between the parties dated 12^th October, 2021 which is on record of this Court.

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As per the settlement amount, Rs. 5 Lac had to be paid as one time settlement, in addition to the continued payment of ad interim maintenance of Rs. 5,000/- per month, awarded by the MM Rohini Courts till the date of the divorce.

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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 14/11/2024 at 11:48:11

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Rs. 4 lacs have already been paid to respondent no.2 at the time of divorce proceedings, and Rs. 1 lac is being tendered vide DD no. 011265, drawn on IDBI Bank, which is received by respondent no.2 in Court.

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As regards the arrears of ad interim maintenance, as agreed to in clause 2 of the agreement, an amount of Rs. 1,80,000/- has been paid to respondent no.2, till the date of the divorce. Out of Rs. 1,80,000/- paid to the respondent no.2, amount of Rs. 1,50,000/- has been paid in cash, which has been duly received by respondent no.2. Counsel for petitioner states that an amount of Rs. 30,000/- has been transferred to respondent no.2’s account.

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Petitioner and respondent no.2, are both present in Court and are duly identified by the IO and respective counsels.

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Petitioner nos. 2-3 being family members of petitioner no.1 are duly exempted.

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In this view of the matter, respondent no.2 has no objection to the quashing of the FIR.

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The marriage of the petitioner no.1 and respondent no.2, the marriage resulted in a divorce by decree dated 08^th September 2022. Respondent no.2 further states, that now, the settlement has been complied with, she is willing to withdraw the other pending cases between her and petitioner no.1. The said undertaking is taken on record.

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The list of the pending cases has been transcribed in CRL.M.A. 33845/2024, and are extracted hereunder:

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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 14/11/2024 at 11:48:11

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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 14/11/2024 at 11:48:11

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Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No. 144/2015 under Sections 498-A/406/417/34 registered at PS Caw Cell / Nanak Pura and proceedings emanating therefrom are quashed.

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Parties shall abide by the terms of settlement.

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Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

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The date already fixed i.e 13^th December, 2024 stands cancelled.

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Dasti

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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NOVEMBER 12, 2024/RK

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Click here to check corrigendum, if any

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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 14/11/2024 at 11:48:11

Subudhi Jain & Ors. v. State Govt. of NCT of Delhi and Anr.

Case brief

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Subudhi Jain & Ors. v. State Govt. of NCT of Delhi and Anr.

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