Allowed

Gaurav and Ors. v. State NCT of Delhi and Anr.

Delhi HC1 May 2024CRL.M.C./3426/2024

Case brief

AI extract

What is this about?

Single judge allowed a petition under Section 482 CrPC seeking quashing of an FIR registered under matrimonial laws. The court observed that parties had arrived at a settlement leading to a decree of divorce by mutual consent and that continuing proceedings would serve no useful purpose.

What did the court decide?

FIR No.0831/2021 under Sections 498A/406/34 IPC registered at Police Station Uttam Nagar, Delhi along with all other proceedings emanating therefrom, is quashed and the petition is disposed of.

Gaurav and Ors. Vs State NCT of Delhi and Anr. — Matrimonial and Divorce | Delhi HC (2024)

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$~45

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 3426/2024

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GAURAV AND ORS ..... Petitioners

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Through: Mr Nikhil Aggarwal, Advocate along with petitioners in person.

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versus

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STATE NCT OF DELHI AND ANR ..... Respondents Through: Mr Hitesh Vali, APP for the State with SI Bharat Singh, PS Uttam Nagar.

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CORAM:

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HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R % 01.05.2024

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CRL.M.A. 13164/2024

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Allowed, subject to all just exceptions. CRL.M.C. 3426/2024

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The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.0831/2021 under Sections 498A/406/34 IPC registered at Police Station Uttam Nagar, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

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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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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 03/05/2024 at 12:51:45

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The petitioner no.1 (former husband) and petitioner nos.2 and 3, who are close relatives of the petitioner 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 Investigating Officer SI Bharat Singh, PS Uttam Nagar.

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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 19.02.2018 according to Hindu Rites and Customs. No child was born out of the said wedlock.

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On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 19.02.2021. 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 were referred to Counselling Cell attached to Family Courts, South West District, Dwarka, Delhi, where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 16.01.2024, a copy which is annexed as Annexure-C to the present petition.

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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 16.03.2024, which is annexed as Annexure-B 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.4,50,000/- to the respondent no.2 towards full and final settlement of all her claims on account of streedhan , permanent alimony, dowry articles, maintenance (past, present and future) etc. Out of the said amount, a sum of Rs.4,00,000/- has already been paid by

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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 03/05/2024 at 12:51:45

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the petitioner no.1 to the respondent no.2 in the manner as mentioned in the settlement. The remaining amount of Rs.50,000/- has been paid to the respondent no.2 today in the court by the petitioner no.1 by way of Demand Draft bearing No.704540 dated 09.04.2024 issued by the South Indian Bank Limited.

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The receipt of entire amount of Rs.4,50,000/- 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.0831/2021 under Sections 498A/406/34 IPC registered at Police Station Uttam Nagar, Delhi alongwith all other proceedings emanating therefrom, is quashed.

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The petition stands disposed of in the above terms.

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Order be uploaded on the website of this court.

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VIKAS MAHAJAN, J

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MAY 1, 2024 MK

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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 03/05/2024 at 12:51:45

Gaurav and Ors. v. State NCT of Delhi and Anr.

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Gaurav and Ors. v. State NCT of Delhi and Anr.

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