Quashed

Gautam Kumar & Ors. v. Govt. of NCT of Delhi & Anr.

Delhi HC11 Jan 2024CRL.M.C./247/2024

Case brief

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What is this about?

The Delhi High Court quashed an FIR and related proceedings under Sections 498A, 406, 506, and 34 of the IPC. The court found that the parties had reached a full settlement, the marriage was dissolved via divorce, and the respondents received the agreed lump sum, making continued prosecution an abuse of process.

What did the court decide?

FIR No. 305/2022 and all consequential proceedings, including the pending chargesheet, are quashed.

Gautam Kumar & Ors. Vs Govt. of NCT of Delhi & Anr. — Matrimonial and Divorce | Delhi HC (2024)

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$~52

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 247/2024 & CRL.M.A. 976/2024 (Exemption)

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GAUTAM KUMAR & ORS. ..... Petitioners Through: Mr. F.K. Jha and Mr. Gaurav Jha, Advocates alongwith petitioners in person.

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versus GOVT. OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Sunil Kumar Gautam, APP for the State. ASI Samman Khan, PS Malviya Nagar. Mr. Tarun Verma, Advocate for R-2 alongwith R-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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% 11.01.2024

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The present petition filed under Section 482 of the CrPC seeks quashing of the FIR No. 305/2022, under Sections 498A/406/506/34 of the IPC, registered at P.S. Malviya Nagar, New Delhi, and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Sana Khan, learned Chief Metropolitan Magistrate, South District, Saket Courts, Delhi.

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The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 09.03.2019 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 06.11.2019. Subsequently, respondent no.2/complainant registered an FIR against

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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 12:52:23

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petitioner no.1 (husband), petitioner no. 2 (father-in-law), petitioner no. 3 (mother-in-law), petitioner no. 4 (sister-in-law) and petitioner no. 5 (brotherin-law).

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On 02.08.2023, parties arrived at a settlement and as per the said settlement deed, petitioner no.1 has agreed to pay an amount of Rs. 10,00,000/- 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 02.08.2023 is on record (Annexure P-3).

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In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 06.11.2023, passed by Shri Buddhi Sagar Mishra (HJS), Principal Judge, Family Court, Gautambudh Nagar, Uttar Pradesh (Annexure P-4). Further, as per the settlement deed, an amount of Rs. 6,00,000/- has already been paid to respondent no.2 and the remaining amount of Rs. 4,00,000/- has been paid to her in court today, by means of a demand draft.

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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, ASI Samman Khan, PS Malviya Nagar. 8. A demand draft bearing no. 010924 dated 09.01.2024 for Rs. 4,00,000/- drawn on HDFC Bank,Priyadarshini Vihar, has been handed over 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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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 12:52:23

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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 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. 305/2022, under Sections 498A/406/506/34 of the IPC, registered at P.S. Malviya Nagar, New Delhi, and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Sana Khan, learned Chief Metropolitan Magistrate, South District, Saket Courts, Delhii.

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In the interest of justice, the petition is allowed, and the FIR No. 305/2022, under Sections 498A/406/506/34 of the IPC, registered at P.S. Malviya Nagar, New Delhi, and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Sana Khan, learned Chief Metropolitan Magistrate, South District, Saket 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 13/05/2024 at 12:52:23

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AMIT SHARMA, J

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

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JANUARY 11, 2024 /sn

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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 12:52:23

Gautam Kumar & Ors. v. Govt. of NCT of Delhi & Anr.

Case brief

What is this about?

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Gautam Kumar & Ors. v. Govt. of NCT of Delhi & Anr.

Case brief

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