Quashing of a matrimonial dispute FIR after settlement deed, divorce by mutual consent, and payment of balance settlement amount; State and respondent No. 2 consented, and the court quashed the FIR as continuation would abuse court process.
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.
$~69
*** IN THE HIGH COURT OF DELHI AT NEW DELHI**
% Date of Decision: 12.01.2024
RISHI ARORA & ORS. ..... Petitioners Through: Ms. Arsheiya Munja and Mr. Siddhartha, Advocates with Petitioners-in-person.
versus
STATE OF NCT OF DELHI & ANR. ..... Respondents Through: Ms. Kiran Bairwa, APP with SI Ghanshyam, PS: Nanakpura. Ms. Simran Bajaj, Mr. Ashish Garg and Ms. Yashi Bajpai, Advocates for Respondent No. 2-in-person.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% J U D G M E N T
ANOOP KUMAR MENDIRATTA, J (ORAL)
CRL.M.A. 1122/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 285/2024
1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioners / applicants for quashing of FIR No. 42/2019 under Sections 498A/406/34 IPC registered at P.S.: Crime (Women) Cell, Nanak Pura, Delhi and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for
Signature Not Verified
CRL.M.C. 285/2024
Page 1 of 3
Digitally Signed By:DINESH CHANDRA Signing Da te:1 5.01.2024 14:42:56
respondent No.2 alongwith respondent No.2 in person appear on advance notice and accept notice.
3. In brief, as per the case of the petitioner, marriage between Rishi Arora (petitioner No. 1) and Shreya Arora (respondent No. 2) was solemnized according to Hindu rites and ceremonies on 12.11.2005. Due to temperamental differences, respondent No. 2 and petitioner No. 1 could not live together and have been living separately since 2015 and on complaint of respondent No. 2, present FIR was registered.
4. The matter is stated to have been amicably resolved between the parties in terms of settlement deed dated 11.04.2023. 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.
5. A balance amount of Rs. 8,00,000/- has been paid to respondent No. 2 today through cheque No. 105850 dated 11.01.2024 drawn on HDFC Bank, New Friends Colony, New Delhi Branch in favour of respondent No. 2 towards full and final settlement between the parties. Statement of petitioner No. 1 that an amount of Rs. 25,000/- towards maintenance for the month of January, 2024 shall be paid within a week, is also taken on record.
6. Learned APP for the State submits that in view of amicable settlement between the parties, the State has no objection in case the FIR in question is quashed.
7. Petitioner No. 1 as well as respondent No. 2 are present in-person in the Court today and petitioner Nos. 2 to 6 appear through Video Conferencing and have been identified by SI Ghanshyam, PS: Nanakpura. I have interacted with the parties and they confirm that the matter has been
Signature Not Verified
CRL.M.C. 285/2024
Page 2 of 3
Digitally Signed By:DINESH CHANDRA Signing Da te:1 5.01.2024 14:42:56
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 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. Consequently, FIR No. 42/2019 under Sections 498A/406/34 IPC registered at P.S.: Crime (Women) Cell, Nanak Pura, Delhi and the proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. A copy of this order be forwarded to the concerned Court for information.
ANOOP KUMAR MENDIRATTA, J.
JANUARY 12, 2024 /R
Signature Not Verified
CRL.M.C. 285/2024
Page 3 of 3
Digitally Signed By:DINESH CHANDRA Signing Da te:1 5.01.2024 14:42:56
1 issue framed by the court
Should FIR No. 42/2019 under Sections 498A/406/34 IPC be quashed given amicable settlement and divorce between the parties?
3 provisions across 3 enactments
Rishi Arora & Ors.
State of NCT of Delhi
Shreya Arora
ANOOP KUMAR MENDIRATTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
