Allowed

Pallav Sharma v. the State of Delhi (Nct) and Anr.

Delhi HC12 Jan 2024CRL.M.C./295/2024

Case brief

AI extract

What is this about?

The Court quashed the FIR and all proceedings under Sections 498A/406/34 IPC following a settlement between the parties and the dissolution of marriage by mutual consent. The Court held that continuing the proceedings would be a misuse of process and cause further acrimony, relying on the Supreme Court's principles regarding the quashing of matrimonial offences upon settlement.

What did the court decide?

FIR No.0922/2022 under Sections 498A/406/34 IPC and all consequential proceedings quashed.

Pallav Sharma Vs the State of Delhi (Nct) and Anr. — Dowry and Cruelty | Delhi HC (2024)

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$~87

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 295/2024 PALLAV SHARMA ..... Petitioner Through: Mr.Ishu Bansal, Ms.Rekha Sethi, Advs.

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versus

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THE STATE OF DELHI (NCT) AND ANR. ..... Respondents Through: Mr.Shoaib Haider, APP with SI Bharti Singh, SI Neeraj Saini. Mr.Manish Gandhi, Adv. for R- 2 with R-2 in person.

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CORAM:

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HON'BLE MR. JUSTICE NAVIN CHAWLA O R D E R % 12.01.2024

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CRL.M.A. 1142/2024 (Exemption)

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Allowed, subject to all just exceptions.

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CRL.M.C. 295/2024

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This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.') seeking quashing of FIR No.0922/2022 registered at Police Station: Burari, North, Delhi under Sections 498A/406/34 of the Indian Penal Code, 1860 (in short, ‘IPC’) along with all other proceedings arising therefrom.

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The learned counsel for the petitioners submits that the FIR was an offshoot of the matrimonial discord between the parties. He submits that the marriage between the petitioner and the respondent no.2 has already been dissolved by the learned Family Court by mutual consent vide the decree of divorce dated 20.12.2023.

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The respondent no.2 is present in person and is duly identified

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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 02/07/2025 at 09:44:43

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by the IO, and re-affirms the above settlement. She submits that divorce has already taken place between the parties.

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The learned counsel for the petitioners has also handed over a Demand Draft for an amount of Rs.6 lac to the respondent no.2. 6. In view of the above and considering the Settlement between the parties, I find that there is no use in continuing with the proceedings of the present FIR as it would rather create further acrimony between the parties and will be a misuse of the process of the Court and an unnecessary burden on the State exchequer. 7. Keeping in mind the facts of the present case and being guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab , (2012) 10 SCC 303 and Jitendra Raghuvanshi v. Babita Raghuvanshi , (2013) 4 SCC 58, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.

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Accordingly, the petition is allowed. Consequently, the FIR No.0922/2022 registered at Police Station: Burari, North, Delhi under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom against the petitioner are quashed.

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Parties shall abide by the terms of the aforesaid settlement. 10. The petition is disposed of in the above terms.

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NAVIN CHAWLA, J

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JANUARY 12, 2024/Arya/ RP

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Click here to check corrigendum, if any

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Pallav Sharma v. the State of Delhi (Nct) and Anr.

Case brief

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Pallav Sharma v. the State of Delhi (Nct) and Anr.

Case brief

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