Allowed

Vineet Sabhlok and Ors. v. the State Govt. of NCT of Delhi and Anr.

Delhi HC3 Jan 2024CRL.M.C./27/2024

Case brief

AI extract

What is this about?

Delhi HC allowed a petition under Section 482 Cr.P.C. to quash an FIR under Sections 498A and 406 IPC. The court noted the marriage was dissolved via divorce after a settlement, the wife received maintenance, and the dispute was resolved. Relying on Gian Singh, the court quashed the FIR.

What did the court decide?

FIR No. 43/2016 and all consequential proceedings were quashed.

Vineet Sabhlok and Ors. Vs the State Govt. of NCT of Delhi… — Dowry and Cruelty | Delhi HC (2024)

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$~16

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 27/2024

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VINEET SABHLOK AND ORS ..... Petitioners Through: Ms. Deepti Dogra & Ms. Anshita Gulati, Advocates alongwith petitioners no. 1, 3 to 6 in person.

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versus

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THE STATE GOVT. OF NCT OF DELHI AND ANR.

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..... Respondents Through: Mr. Hitesh Vali, APP for the State with Mr. Mohd. Asif, Advocate. W/SI Purvi Ahlawat, P.S. Tilak Nagar. Mr. Mohit Gupta, Advocate for R-2 alongwith R-2 in person through VC.

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CORAM:

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HON'BLE MR. JUSTICE AMIT SHARMA

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% 03.01.2024

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CRL.M.A. 85/2024 (Exemption)

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Exemption allowed, subject to just exceptions.

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The application is accordingly disposed of.

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CRL.M.C. 27/2024

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The present petition under Section 482 Cr.P.C. seeks quashing of FIR No. 43/2016, under Sections 498A/406/34 of the IPC, registered at P.S. Tilak Nagar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of

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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 15:15:03

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Ms. Karuna, learned Metropolitan Magistrate, Mahila Court, West, Tis Hazari Courts, Delhi.

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The marriage between the petitioner no.1/husband and the respondent no.2/wife was solemnized on 25.11.2013 as per Hindu Rites and Customs and one male 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 resided separately from 06.04.2015. Subsequently, respondent no.2/complainant lodged an FIR against petitioner no. 1 (husband), petitioner no. 3 (father-in-law), petitioner no. 4 (sister-inlaw), petitioner no. 5 (brother-in-law), petitioner no. 6 (brother-in-law) and petitioner no. 2 (mother-in-law), who has since passed away. Death certificate with regard to the same is annexed as Annexure-P-3.

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On 24.02.2023, parties arrived at a settlement before Counselling Cell, Family Courts, West District, Tis Hazari Courts, Delhi (Annexure P-2). As per the said settlement, petitioner no.1 has agreed to pay an amount of Rs. 20,00,000/- 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 aforesaid amount of Rs. 20,00,000/- has already been paid to respondent no. 2, who acknowledges the receipt of the same.

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In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 26.05.2023, passed by Sh. Raj Kumar Tripathi, Judge, Family Court-I, West, Tis Hazari Courts, Delhi (Annexure P-4). As per the said settlement, custody of the minor child will be with the respondent no. 2 and the petitioner no. 1 will have no visitation rights.

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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 15:15:03

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Petitioners no. 1, 3 to 6 are present in Court today and complainant/respondent no. 2 appears through video conferencing and have been duly identified by their respective counsel, as well as the Investigating Officer, W/SI Purvi Ahlawat, P.S. Tilak Nagar.

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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 against the petitioners. She further states that all the terms of the settlement have been complied with.

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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. 11. In Gian Singh v. State of Punjab (2012) 10 SCC 303, 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 proceedings.”

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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. 43/2016, under Sections 498A/406/34 of the IPC, registered at P.S. Tilak Nagar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Karuna, learned Metropolitan Magistrate, Mahila Court, West, Tis Hazari Courts, Delhi.

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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 15:15:03

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In the interest of justice, the petition is allowed, and the FIR No. 43/2016, under Sections 498A/406/34 of the IPC, registered at P.S. Tilak Nagar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Karuna, learned Metropolitan Magistrate, Mahila Court, West, Tis Hazari Courts, Delhi, is hereby quashed.

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It is however directed that this order shall not come in the way of the minor child in claiming his rights of inheritance, maintenance, educational & marriage expenses, etc. against any of the parties.

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Petition is allowed and disposed of accordingly.

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

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AMIT SHARMA, J

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JANUARY 3, 2024/bsr

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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 15:15:03

Vineet Sabhlok and Ors. v. the State Govt. of NCT of Delhi and Anr.

Case brief

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Vineet Sabhlok and Ors. v. the State Govt. of NCT of Delhi and Anr.

Case brief

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