This judgment quashes an FIR registered under sections 498A, 406, and 34 IPC. The High Court observed that the matrimonial dispute was amicably settled and a divorce decree by mutual consent was passed, rendering further proceedings an abuse of process.
FIR No.217/2024 and all proceedings emanating therefrom stood quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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SIDDARTH GOYAL & ORS .....Petitioners Through: Mr.Shripal Upadhyay, Advocate with petitioners in person.
STATE NCT OF DELHI AND ANR. .....Respondents Through: Mr.Anand V. Khatri, ASC (Crl.) for State with SI Sangeeta Malik, P.S.: Model Town. Ms.Garima Khetal, Advocate with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ANOOP KUMAR MENDIRATTA, J (ORAL)
CRL.M.A. 25019/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
W.P.(CRL) 2562/2024
1. Writ petition under Article 226/227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) has been preferred on behalf of the petitioners for quashing of FIR No.217/2024, under Sections 498A/406/34 IPC, registered at P.S.: Model Town and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for
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W.P.(CRL) 2562/2024
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respondent No. 2 along with respondent No. 2 in person appear on advance notice and accept notice.
3. In brief, as per the case of the petitioners, marriage between petitioner No. 1 and respondent No. 2 was solemnized according to Hindu rites and ceremonies on 28.04.2016. No child was born out of the wedlock. Due to matrimonial differences, petitioner No. 1 and respondent No. 2 started living separately. On complaint of respondent No. 2, present FIR was registered on 11.03.2024.
4. The disputes are stated to have been amicably settled between the parties in terms of Settlement dated 23.05.2024. The marriage between petitioner No. 1 and respondent No. 2 has been dissolved by decree of divorce by way of mutual consent under Section 13B(2) of the Hindu Marriage Act vide judgment dated 12.08.2024.
5. An amount of Rs.7,00,000/- has been paid to respondent No. 2 today through DD No. 287614 dated 12.08.2024 drawn on HDFC Bank, Harsha Bhavan, Delhi in favour of respondent No. 2.
6. Learned ASC for the State submits that in view of amicable settlement between the parties, he has no objection in case the FIR in question is quashed.
7. Petitioners and respondent No. 2 are present in person and have been identified by SI Sangeeta Malik, PS: Model Town. I have interacted with the parties and they confirm that the matter has been amicably settled between them without any threat, pressure or coercion. Respondent No. 2 also states that nothing remains to be further adjudicated upon between the parties and she has no objection in case the FIR in question is quashed.
8. Considering the facts and circumstances, since the matter has been
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W.P.(CRL) 2562/2024
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amicably settled between the parties, no useful purpose shall be served by keeping the case pending. It would be nothing but an abuse of the process of Court. The chances of conviction are bleak in view of amicable settlement between the parties. Consequently, FIR No.217/2024, under Sections 498A/406/34 IPC, registered at P.S.: Model Town and proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.
A copy of this order be forwarded to learned Trial Court for information.
ANOOP KUMAR MENDIRATTA, J
AUGUST 22, 2024/v
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W.P.(CRL) 2562/2024
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3 issues framed by the court
Whether to quash FIR No.217/2024 registered under Sections 498A/406/34 IPC upon amicable settlement and divorce by mutual consent.
Whether keeping the case pending serves any useful purpose after the parties have settled their differences.
Whether the FIR constitutes an abuse of the process of the court given the bleak chances of conviction.
3 provisions across 3 enactments
Siddarth Goyal & Ors
State NCT of Delhi
Anonymous
Anoop Kumar Mendiratta
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
