Allowed

Vishwajit Chandra and Others v. the State and Anr.

Delhi HC3 Sept 2024CRL.M.C./3645/2024

Case brief

AI extract

What is this about?

The High Court quashed FIR no. 0048/2018 under Sections 498A/406/34 IPC upon acceptance of a settlement reached between the parties during divorce proceedings. The court noted the payment of the outstanding settlement amount and the respondent's lack of objection, holding that continuing proceedings would be a misuse of process.

What did the court decide?

FIR No. 0048/2018 under Sections 498A/406/34 IPC registered at PS North Rohini, Delhi and proceedings emanating therefrom are quashed.

Vishwajit Chandra and Others Vs the State and Anr. — Domestic Violence | Delhi HC (2024)

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$~27

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 3645/2024

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VISHWAJIT CHANDRA AND OTHERS .....Petitioners

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Through: Mr. Abhay Kumar, Mr. Vijay Singh, Advocates.

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versus

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THE STATE AND ANR .....Respondents Through: Mr. Hitesh Vali, APP for State with SI Pawan, PS, North Rohini.

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R

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% 03.09.2024

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This petition has been filed seeking quashing of FIR no. 0048/2018 registered at PS North Rohini, Delhi under Sections 498A/406/34 IPC on the basis of settlement arrived at before the Family Court at the stage of divorce which is on record of this Court.

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As per the settlement, full amount in total of 2.5 lacs had to be paid, out of which the outstanding balance of Rs. 50,000/- is being paid today vide DD no. 646100 drawn on State Bank of India dated 27^th August, 2024. The same has been handed over to respondent no.2 who has duly received it in Court. She has no objection to the quashing of the FIR.

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Petitioner no.1-5 and respondent no. 2 are present in Court and are duly identified by IO and the respective counsel.

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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 06/09/2024 at 15:22:58

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The marriage of petitioner no.1 and respondent no. 2 was culminated in a divorce by decree dated 23^rd August, 2022. No 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. 0048/2018 under Sections 498A/406/34 IPC registered at PS North Rohini, Delhi 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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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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SEPTEMBER 3, 2024

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Click here to check corrigendum, if any

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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 06/09/2024 at 15:22:58

Vishwajit Chandra and Others v. the State and Anr.

Case brief

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Vishwajit Chandra and Others v. the State and Anr.

Case brief

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