Allowed

Neeraj Kumar and Ors. v. State NCT of Delhi and Anr.

Delhi HC13 May 2024CRL.M.C./3828/2024

Case brief

AI extract

What is this about?

Petition under Section 482 CrPC sought quashing of a matrimonial-dispute FIR after the parties settled through mediation, divorced by mutual consent, and the husband paid Rs.7,50,000 in full settlement of the wife's claims. The court allowed the petition and quashed the FIR and proceedings.

What did the court decide?

FIR No.553/2017 (PS Sangam Vihar) under Sections 498A/406/506/34 IPC and all consequential proceedings quashed.

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

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$~64

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 3828/2024

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NEERAJ KUMAR AND ORS. ..... Petitioners

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Through: Mr. Ajay Yadav, Mr. Jatin Chaudhary, Mr. Abhilash Yadav and Mr. Shekhar Chauhan, Advs. 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 State with ASI Raghuraj Singh PS Sangam Vihar Mr. Bharat, Adv. for R2 Respondent no. 2 in person.

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CORAM:

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HON'BLE MR. JUSTICE VIKAS MAHAJAN

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CRL.M.A. 14590/2024 (exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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CRL.M.C. 3828/2024

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The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.553/2017 under Sections 498A/406/506/34 IPC registered at Police Station Sangam Vihar 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

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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 15/05/2024 at 11:42:53

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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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The petitioner no.1 (former husband), petitioner nos. 2 – 4, who are close relatives of 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 ASI Raghuraj Singh PS Sangam Vihar.

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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 18.01.2015 according to Hindu Rites and Customs. Out of the said wedlock, no child was born.

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On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 22.06.2017. 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 Mediation Centre, Saket Courts, New Delhi where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 17.10.2023, which is annexed as Annexure P3 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 13.02.2024, which is annexed as Annexure P4 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.7,50,000/- to the respondent no.2 towards full and final settlement of all her claims on account of streedhan ,

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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 15/05/2024 at 11:42:53

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permanent alimony, dowry articles, maintenance (past, present and future) etc. Out of the said amount, a sum of Rs. 5,00,000/- has already been paid by the petitioner no.1 to the respondent no.2 in the manner as mentioned in the settlement. The remaining amount of Rs. 2has been paid to the respondent no.2 today in the court by the petitioner no.1 by way of Demand Draft bearing No.630549 dated 29.04.2024 issued by Canara Bank, Delhi Sangam Vihar-110062.

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The receipt of entire amount of Rs.7,50,000/- 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.553/2017 under Sections 498A/406/506/34 IPC registered at Police Station Sangam Vihar 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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MAY 13, 2024 N.S. ASWAL

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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 15/05/2024 at 11:42:53

Neeraj Kumar and Ors. v. State NCT of Delhi and Anr.

Case brief

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Neeraj Kumar and Ors. v. State NCT of Delhi and Anr.

Case brief

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