Allowed

Satyawan@Sonu & Anr. v. the State NCT of Delhi and Ors.

Delhi HC4 Apr 2024CRL.M.C./2677/2024

Case brief

AI extract

What is this about?

This order quashes an FIR registered under Sections 498A/406/34 IPC following a settlement deed executed between the petitioners and the mother and brother of the deceased complainant. The Court found the settlement was voluntary and resolved all disputes, deeming continuance of proceedings counter to the interest of justice.

What did the court decide?

The FIR bearing no. 75/2017 registered at P.S. Keshav Puram, Delhi and all consequential proceedings are quashed.

Satyawan@Sonu & Anr. Vs the State NCT of Delhi and Ors. — Matrimonial and Divorce | Delhi HC (2024)

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$~59

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 2677/2024

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SATYAWAN@SONU & ANR. ..... Petitioners

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Through: Mr. Sanjay Kumar and Mr. Manoj Kumar, Advocates

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versus

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THE STATE NCT OF DELHI AND ORS. ..... Respondents

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Through: Mr. Satish Kumar, APP for the State with SI Ramesh Kumar and W/ASI Sarla.

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CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

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O R D E R % 04.04.2024

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CRL.M.A. 10178/2024 (exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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CRL.M.C. 2677/2024

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The instant petition Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been instituted on behalf of the petitioners seeking quashing of FIR bearing no. 75/2017, registered at Police Station Keshav Puram, Delhi, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 („IPC‟).

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Issue notice. Mr. Satish Kumar, learned APP appearing on behalf of the State accepts notice.

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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 06/04/2024 at 11:54:56

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Petitioners are present before this Court and have been identified by their counsel Mr. Sanjay Kumar and Investigating Officer (IO) SI Ramesh Kumar, P.S.: Keshav Puram, Delhi .

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Brief facts of the case are that the marriage between respondent no. 2 and petitioner no. 1 was solemnized on 06.05.2013. No child was born out of the said wedlock. It is stated that due to certain matrimonial differences between the parties, both the parties started living separately. On the complaint of respondent no. 2, the present FIR got registered at Police Station Keshav Puram, Delhi. It is stated that the complainant in this case has unfortunately passed away 02.02.2021. Thereafter, the mother and brother of the complainant had entered into a compromise in this case which was registered under Sections 498A/406/34 of IPC. It is stated that all the disputes have been amicably settled between the parties before Delhi Mediation Centre, Rohini District Courts, Delhi vide Settlement Deed dated 16.08.2023.

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This Court has gone through the FIR as well as the Settlement Deed dated 16.08.2023 entered into between the parties.

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On a query made by this Court, respondent no.1 and 2 (the brother and mother of the complainant respectively) who have been identified by the IO, has categorically stated that they have entered into compromise out of their own free will and without any pressure, coercion or threat. It is also stated by respondent no.1 and 2 that the entire dispute has been amicably settled between the parties before Delhi Mediation Centre, Rohini District Courts, Delhi vide Settlement Deed dated 16.08.2023.

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It is submitted that respondent no.1 and 2 (brother and mother of the complainant) have settled all claims of the complainant/deceased in respect

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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 06/04/2024 at 11:54:56

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of her dowry articles, stridhan , marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioners. Respondent no. 1 and 2 further state that they have no objection if the present FIR is quashed.

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In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

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Accordingly, FIR bearing no. 75/2017, registered at Police Station Keshav Puram, Delhi, for offences punishable under Sections 498A/406/34 of Indian Penal Code, 1860 („IPC‟) and all consequential proceedings emanating therefrom are quashed.

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The present petition stands disposed of.

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The order be uploaded on the website forthwith.

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SWARANA KANTA SHARMA, J

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APRIL 4, 2024/ZP

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Click here to check corrigendum, if any

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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 06/04/2024 at 11:54:56

Satyawan@Sonu & Anr. v. the State NCT of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Satyawan@Sonu & Anr. v. the State NCT of Delhi and Ors.

Case brief

What is this about?

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