Allowed

Pritish Mondal & Ors. v. State Govt of NCT of Delhi through SHO Ps Mohan Garden & Anr.

Delhi HC9 Jan 2024CRL.M.C./203/2024

Case brief

AI extract

What is this about?

Matrimonial dispute settled by MOU with payment of Rs. 14,50,000 and divorce decree; wife and State had no objection. Relying on Gian Singh, the High Court quashed the FIR under Sections 406/498A/34 IPC and all consequential proceedings including the chargesheet.

What did the court decide?

FIR No. 23/2023 under Sections 406/498A/34 IPC, PS Mohan Garden, and all consequential proceedings including the chargesheet quashed.

Pritish Mondal & Ors. Vs State Govt of NCT of Delhi through… — Dowry and Cruelty | 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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- CRL.M.C. 203/2024 & CRL.M.A. 819/2024 (Exemption)

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PRITISH MONDAL & ORS. ..... Petitioners Through: Mr. Peeyush Kaushik, Adv. with petitioners in person.

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versus

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STATE GOVT OF NCT OF DELHI THROUGH SHO PS MOHAN GARDEN & ANR...... Respondents Through: Mr. Sanjeev Sabharwal, APP for the State with SI Jitendra Yadav & W/ASI Lata Rani, P.S. Mohan Garden. Ms. Shweta Bakshi for respondent no 2 (through VC). Respondent no.2 in person.

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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 Cr.P.C. seeks quashing of FIR No.23/2023, under Sections 406/498A/34 of IPC, registered at P.S. Mohan Garden and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Vaishali Singh, learned Metropolitan Magistrate, Dwarka Courts, New Delhi.

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The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 09.06.2022 as per Hindu rites and ceremonies.

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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 30.06.2022. Subsequently, respondent no.2/complainant lodged an FIR against petitioner

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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 13/05/2024 at 12:18:59

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no.1 (husband), petitioner no. 2 (father-in-law) and petitioner no. 3 (motherin-law).

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On 08.08.2023, parties arrived at a settlement and as per the said MOU, petitioner no.1 has agreed to pay an amount of Rs. 14,50,000/- 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 MOU dated 08.08.2023 is on record.

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In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 18.11.2023, passed by Shri Vipin Kumar Rai, Judge, Family Court -01, Dwarka, New Delhi. Further, as per the settlement deed, an amount of Rs. 11,00,000/- has already been paid to respondent no.2 and the remaining amount of Rs. 3,50,000/- has been paid to her in Court today, by means of a demand draft. 7. Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer SI Jitendra Yadav, P..S. Mohan Garden.. 8. A demand draft bearing no. 017490 dated 16.12.2023 for Rs. 3,50,000/drawn on HDFC has been handed over to the complainant/Respondent No.2, who acknowledges the receipt of the same. 9. 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 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

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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 13/05/2024 at 12:18:59

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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.23/2023, under Sections 406/498A/34 of IPC, registered at P.S. Mohan Garden and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Vaishali Singh, learned Metropolitan Magistrate, Dwarka Courts, New Delhi.

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In the interest of justice, the petition is allowed, and the FIR No.23/2023, under Sections 406/498A/34 of IPC, registered at P.S. Mohan Garden and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Vaishali Singh, learned Metropolitan Magistrate, Dwarka Courts, New Delhi , is hereby quashed.

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Petition is allowed and disposed of accordingly.

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

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AMIT SHARMA, J

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JANUARY 09, 2024 / nk

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Pritish Mondal & Ors. v. State Govt of NCT of Delhi through SHO Ps Mohan Garden & Anr.

Case brief

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Pritish Mondal & Ors. v. State Govt of NCT of Delhi through SHO Ps Mohan Garden & Anr.

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