Allowed

Amit Saluja and Anr. v. the State and Anr.

Delhi HC24 Jul 2024CRL.M.C./3471/2024

Case brief

AI extract

What is this about?

The Delhi High Court allowed a petition for quashing an FIR under Sections 498A, 406, and 34 IPC. Relying on a recorded settlement where the agreed compensation was paid, the Court quashed the proceedings as a misuse of process. The Court explicitly stated that the settlement does not affect the minor child's future rights.

What did the court decide?

FIR No.799/2020 and consequent proceedings under Sections 498A/406/34 IPC are quashed. Pending applications are disposed of as infructuous.

Amit Saluja and Anr. Vs the State and Anr. — Matrimonial and Divorce | Delhi HC (2024)

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$~5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 3471/2024 & CRL.M.A. 13349/2024

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AMIT SALUJA AND ANR .....Petitioners

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Through: Mr. Vikas Ahuja and Mr. Aditya Sharma, Advs.

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versus

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THE STATE AND ANR .....Respondents Through: Mr. Hitesh Vali with advocates Neel Nayyar , Shubham Sharma , Ashutosh Arya , Arun Vats , Tarun Vijayran , Anmol Sharma with SI Manju, PS Vikaspuri. Ms. Salini Goswami, Adv. for Complainant.

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 24.07.2024

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This petition has been filed seeking quashing of FIR No.799/2020 PS Vikaspuri under Sections 498A/ 406 / 34 IPC on the basis of a settlement arrived at between the parties with the facilitation of Counselling Cell, Family Courts, Dwarka which is on record of this Court.

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As per the settlement, an amount of Rs.15 Lacs was agreed to be paid to respondent No.2/complainant out of which Rs.10 Lacs have been paid and received and the balance of Rs.5 Lacs is being paid vide DD No.440400 drawn on Union Bank of India which is duly received by respondent No.2 in Court and acknowledged the same. Petitioner Nos.1 & 2 and respondent No.2 are present in Court and duly identified by the IO.

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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 09:53:53

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The marriage between the petitioner No.1 and respondent No.2 took place on 21^st April, 2015 and has since resulted in a decree of divorce dated 16^th January, 2024. One male child was born out of wedlock.

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Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No.799/2020 PS Vikaspuri under Sections 498A/ 406 / 34 IPC and proceedings emanating therefrom are quashed.

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Parties shall abide by the terms of settlement.

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Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

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It is however made clear that the said settlement will not affect the rights of the minor child in future.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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JULY 24, 2024/MK

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Amit Saluja and Anr. v. the State and Anr.

Case brief

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Amit Saluja and Anr. v. the State and Anr.

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