Allowed

Sh Virender Sharma & Ors. v. State NCT of Delhi & Anr.

Delhi HC2 May 2024CRL.M.C./2036/2024

Case brief

AI extract

What is this about?

Petition under Section 482 CrPC filed for quashing of FIR under dowry and cruelty laws, which alleged matrimonial cruelty and harassment. The court considered a post-FIR settlement and subsequent mutual-consent divorce decree as grounds for quashing the proceedings to prevent abuse of process. The petition was allowed, and the FIR was quashed.

What did the court decide?

FIR No. 351/2018 and all consequential proceedings are quashed and the petition is allowed.

Sh Virender Sharma & Ors. Vs State NCT of Delhi & Anr. — Domestic Violence | Delhi HC (2024)

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$~32

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 2036/2024

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SH VIRENDER SHARMA & ORS. ..... Petitioners

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Through: Mr. Rishi Vohra, Adv. with petitioners in person.

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versus

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STATE NCT OF DELHI & ANR. ..... Respondents Through: Mr. Raj Kumar, APP for State with SI Ntiamelnea PS Geeta Colony

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CORAM:

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HON'BLE MR. JUSTICE VIKAS MAHAJAN

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The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.351/2018 under Sections 498A/406/34 IPC registered at Police Station Geeta Colony and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

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Notice was issued by this Court vide order dated 13.03.2024.The IO was also directed to inform the respondent no. 2 about the filing of the present petition as well as the next date.

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The IO, who is present in Court, states that she has informed the respondent no. 2 but she is not interested in coming to the Court. She stated that she is not feeling well.

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Further, the learned APP for the State, on instructions from the IO, who is present in Court states that the entire payment in terms of 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 06/05/2024 at 11:07:01

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settlement recorded by the Mediation Centre Karkardooma has also been paid.

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However, the petitioner no. 1 (former husband), petitioner nos. 2 – 5, who are close relatives of petitioner no. 1 are present in Court and they have been identified by the learned counsel for the petitioner, as well as, by the IO SI Ntiamelnea PS Geeta Colony.

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The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 02.03.2006 according to Hindu Rites and Customs. Out of the said wedlock, one male child, namely, Dhruv Sharma was born.

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On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 17.03.2017. The dispute between the parties also led to the registration of present FIR.

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During the pendency of the proceedings, the parties were referred to Delhi Mediation Centre, Karkardooma Courts, Delhi where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 30.04.2022, which is annexed as Annexure P2 to the present petition.

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In terms of the said settlement, the parties decided to dissolve their marriage by filing a petition for divorce by way of mutual consent. Accordingly, the petitioner no.1 and respondent no.2 have obtained a decree of divorce dated 25.01.2023, which is annexed as Annexure P3 to the present petition.

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It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.15,50,000/- to the respondent no.2 towards full and final settlement of all her claims on account of streedhan , permanent alimony, dowry articles, maintenance (past, present and future)

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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 06/05/2024 at 11:07:01

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etc. The said amount has already been paid by the petitioner no. 1 to the respondent no. 2 and this fact is also affirmed by the IO, who is present in Court.

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The notice was sent to the respondent no. 2 and she has also been informed by the IO but the respondent no. 2 has chosen not to appear in the Court.

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At this stage apt it would be to rely upon the decision of the Hon’ble Supreme Court in Ruchi Agarwal vs. Amit Kumar Agrawal, (2005) 3 SCC 299, in which in an almost similar situation, the Court had quashed a criminal proceeding against the husband, observing:

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“8. … Therefore, we are of the opinion that the appellant having received the relief she wanted without contest on the basis of the terms of the compromise, we cannot now accept the argument of the learned counsel for the appellant. In our opinion, the conduct of the appellant indicates that the criminal complaint from which this appeal arises was filed by the wife only to harass the respondents.

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9. In view of the abovesaid subsequent events and the conduct of the appellant, it would be an abuse of the process of the court if the criminal proceedings from which this appeal arises is allowed to continue.”

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Considering the fact that the parties have arrived at a settlement before the Delhi Mediation Centre, Karkardooma Courts, Delhi and the factum of settlement, as well as, payment of entire settlement amount by the petitioner no. 1 to respondent no. 2 has also been confirmed by the IO, there does not appear to be any impediment in the quashing of aforesaid FIR.

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It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

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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 06/05/2024 at 11:07:01

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Consequently, the petition is allowed and the FIR No.351/2018 under Sections 498A/406/34 IPC registered at Police Station Geeta Colony alongwith all other proceedings emanating therefrom, is quashed.

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The petition stands disposed of in the above terms.

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Order be uploaded on the website of this court.

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VIKAS MAHAJAN, J

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MAY 2, 2024 N.S. ASWAL

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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 06/05/2024 at 11:07:01

Sh Virender Sharma & Ors. v. State NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Sh Virender Sharma & Ors. v. State NCT of Delhi & Anr.

Case brief

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What did the court decide?

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