Allowed

Arun @ Naitik & Ors. v. State NCT of Delhi and Anr.

Delhi HC2 Aug 2024CRL.M.C./2055/2024

Case brief

AI extract

What is this about?

High Court Delhi dismissed an application filed under Section 482 Cr.P.C. seeking to quash an FIR registered under various IPC sections regarding matrimonial disputes. The court held that since the parties had amicably settled, the wife received the full settlement amount, the marriage was dissolved by mutual consent, and no objection was raised against quashing, proceeding serves no purpose. Acco

What did the court decide?

FIR No. 299/2021 and all consequential proceedings are quashed; petition disposed of.

Arun @ Naitik & Ors. Vs State NCT of Delhi and Anr. — Domestic Violence | Delhi HC (2024)

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$~19

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 2055/2024

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ARUN @ NAITIK & ORS.

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.....Petitioner Through: Mr. Manoj Kumar Singh, Advocate.

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versus

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STATE NCT OF DELHI AND ANR.

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.....Respondents Through: Mr. Hemant Mehla, Ld. APP for State with SI Braham Prakash, P.S. Sarita Vihar. Mr. Akhil Rexwal, Mr. Vinod Kmar Rexwal, Mr. Abhishek Panchal and Mr. NItin Awana, Advocates for R-2.

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CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

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O R D E R

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% 02.08.2024 1. The Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C., 1973” ) has been filed on behalf of the petitioners, seeking to quash the FIR No. 299/2021, registered under Sections 406/498A/354/323/34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC, 1860” ) at Police Station Sarita Vihar. 2. Brief facts of the case are that the marriage was solemnized between petitioner No. 1 and respondent No. 2 on 27.11.2020, according to Hindu rites and ceremonies and one child was born out of the said wedlock on 27.09.2021.

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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 02/07/2025 at 08:09:08

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It is further submitted that after the marriage respondent No.2 started living at her matrimonial home but in the month of September, 2021 some temperamental and family dispute arise between petitioner No.1 and respondent No.2 due to which respondent No.2 left the matrimonial home and filed a complaint before the CAW Cell pursuant to which the FIR bearing No. 299/2021, under Sections 406/498A/354/323/34 IPC got registered at Police Station Sarita Vihar.

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It is stated that the petitioner No. 1 and the respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement dated 02.08.2023 wherein it was inter alia settled between the parties that the respondent No. 2/wife and the petitioner No. 1/husband shall dissolve their marriage by decree of mutual consent. It is stated that petitioner No. 1/husband shall pay a sum of Rs. 3,00,000/- towards full and final settlement of all the claims of the respondent No. 2/wife, in three instalments by way of DD/Pay Order. It is also stated that the petitioner No. 1 has already paid Rs. 1,00,000/- to respondent No. 2/wife at the time of recording of statements in First Motion Petition under Section 13(b) of the Hindu Marriage Act, 1955 and another Rs. 1,00,000/- was paid at the time of recording of statements in Second Motion Petition under Section 13(b)(2) of the Hindu Marriage Act, 1955.

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It is further stated that the remaining sum of Rs. 1,00,000/- shall be paid by the petitioner No. 1/husband at the time of quashing of FIR No. 299/2021.

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It is also stated that on 11.12.2023, the marriage between petitioner No. 1 and respondent No. 2 had been dissolved as per Hindu law.

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In view of the Settlement Deed dated 02.08.2023, the present petition

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has been filed.

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The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. 9. A Demand Draft for a sum Rs. 1,00,000/-, i.e the balance amount, has been handed over to the respondent No. 2/wife by the petitioner No. 1 today in the Court vide DD No. 24438 dated 29.07.2024 made in favour of the respondent No. 2/Muskan Rajoria, drawn on Punjab National Bank, New Friends Colony Branch and the same has been accepted by the respondent No. 2/wife.

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The parties have submitted that all the disputes have been amicably settled vide Settlement Deed dated 02.08.2023 and thus, no fruitful purpose will be served in continuing with the FIR. 11. The present petition has been signed by all the petitioners and is supported by their respective affidavits. The parties have reaffirmed the terms of the settlement arrived at vide Settlement Deed dated 02.08.2023 and they also submit that the said Settlement Deed dated 02.08.2023 has been arrived at between the parties without any pressure and coercion.

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Today, the complainant/respondent No. 2/wife, who is present in Court, states that she has received all amounts due to her and has no objection if the FIR is quashed. 13. In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.

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Moreover, there is no legal impediment in quashing the FIR in question.

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Accordingly, FIR No. 299/2021 for the offence punishable under Sections 406/498A/354/323/34 IPC, 1860, registered at Police Station Sarita Vihar and all consequential proceedings emanating therefrom are quashed. 16. The petition stands disposed of.

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NEENA BANSAL KRISHNA, J

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AUGUST 2, 2024/va

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Arun @ Naitik & Ors. v. State NCT of Delhi and Anr.

Case brief

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Arun @ Naitik & Ors. v. State NCT of Delhi and Anr.

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