Allowed

Harish Ashra & Ors. v. State Govt. of Nc Tof Dlhi and Anr.

Delhi HC8 Apr 2024CRL.M.C./2828/2024

Case brief

AI extract

What is this about?

The single judge quashed an FIR registered under Sections 498A, 406, and 34 IPC arising from a matrimonial dispute. The quashing was based on the parties' mutual settlement and divorce decree.

What did the court decide?

Order quashing the FIR No. 694/2015 registered at Police Station Jahangir Puri along with all consequential proceedings.

Harish Ashra & Ors. Vs State Govt. of Nc Tof Dlhi and Anr. — Dowry and Cruelty | Delhi HC (2024)

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$~76

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 2828/2024

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HARISH ASHRA & ORS. ..... Petitioners

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Through: Mr. Rajnesh Kant, Mr. Ashok Priyadarshi, Advs. for petitioners with petitioners in person.

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versus STATE GOVT. OF NC TOF DLHI AND ANR. ..... Respondents Through: Mr. Hitesh Vali, APP for State with Insp. Net Ram and SI Priyanta PS Jahangir Puri Mr. Harshit Aggarwal, Ms. Muskan Gupta, Advs. for R2 with R2 in person.

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CORAM:

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HON'BLE MR. JUSTICE VIKAS MAHAJAN

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CRL.M.A. 10745-46/2024 (exemptions)

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Allowed, subject to all just exceptions.

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Applications stand disposed of.

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CRL.M.C. 2828/2024

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The present petition has been filed under Section 482 CrPC seeking quashing of FIR No. 694/2015 under Sections 498A/406/34 IPC registered at Police Station Jahangir Puri, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

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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 15/04/2024 at 11:45:12

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Issue notice. The learned APP for the State accepts notice. He submits that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.

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The petitioner no.1 (former husband), petitioner nos. 2 – 6, who are close relatives of respondent no. 1, as well as, respondent no. 2 (former wife) are present in the Court and they have been identified by their respective counsel and by the IO Insp. Net Ram and SI Priyanta PS Jahangir Puri.

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The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 05.09.2011 according to Hindu Rites and Customs. Out of the said wedlock, one male child was born who is in the care and custody of petitioner no. 1.

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On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 03.07.2013. The dispute between the parties also led to the registration of present FIR.

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During the pendency of the proceedings, the parties arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 05.09.2023, which is annexed as Annexure P2 to the present petition. 9. In terms of the said settlement, the parties decided to dissolve their marriage by filing a petition for divorce by way of mutual consent. Accordingly, the petitioner no.1 and respondent no.2 have obtained a decree of divorce dated 10.10.2023, which is annexed as Annexure P3 to the present petition.

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It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.2,00,000/- to the respondent no.2 towards

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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 15/04/2024 at 11:45:12

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full and final settlement of all her claims on account of streedhan , permanent alimony, dowry articles, maintenance (past, present and future) etc. The entire amount has already been paid by the petitioner no. 1 to respondent no. 2.

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The receipt of entire amount of Rs.2,00,000/- is acknowledged by the respondent no.2, who is present in court.

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The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.

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In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

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It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

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Consequently, the petition is allowed and the FIR No. 694/2015 under Sections 498A/406/34 IPC registered at Police Station Jahangir Puri, Delhi alongwith all other proceedings emanating therefrom, is quashed. 16. The petition stands disposed of in the above terms. Order be uploaded on the website of this court.

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VIKAS MAHAJAN, J

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APRIL 8, 2024 N.S. ASWAL

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Harish Ashra & Ors. v. State Govt. of Nc Tof Dlhi and Anr.

Case brief

What is this about?

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Harish Ashra & Ors. v. State Govt. of Nc Tof Dlhi and Anr.

Case brief

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