Quashed

Parivesh Dhariwal & Ors. v. State & Anr.

Delhi HC5 Apr 2024CRL.M.C./389/2020

Case brief

AI extract

What is this about?

The High Court quashed an FIR registered under Sections 498A/406/34 IPC after finding that the parties had amicably settled their matrimonial disputes and dowry-related claims without coercion. The court held that continuing proceedings would serve no useful purpose and be in the interest of justice.

What did the court decide?

FIR bearing no. 155/2016 and all consequential proceedings were quashed.

Parivesh Dhariwal & Ors. Vs State & Anr. — Matrimonial and Divorce | Delhi HC (2024)

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$~16

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 389/2020 & CRL.M.A. 1628/2020

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PARIVESH DHARIWAL & ORS. ..... Petitioners Through: Ms. Jeevika Dhyani, Mr. Vaasav Mittal, Mr. Ashish Deep Verma, Ms. Kamya Ritu Verma, Mr. Harsh Singh, Mr. Mir Adnan Zahoor & Mr. Viral Vaibhav, Advpocates.

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versus STATE & ANR. ..... Respondent Through: Mr. Satish Kumar, APP for the State with W/SI Rosani Sharma, P.S.: Nanak Pura, Delhi.

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CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

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O R D E R % 05.04.2024

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The present petition under Section 482 of the Code of Criminal Procedure, 1973 („ Cr.P.C. ‟) has been filed by the petitioners seeking quashing of FIR bearing No. 155/2016, registered at Police Station Nanak Pura, Delhi, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 („IPC‟).

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Issue notice. Mr. Satish Kumar, learned APP accepts notice on behalf of the State.

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The petitioners are present before this Court and are identified by their counsel Ms. Jeevika Dhyani, and Investigating Officer (I.O.) W/SI Rosani Sharma, P.S.: Nanak Pura, Delhi.

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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 06/04/2024 at 11:56:43

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Brief facts of the case, as per the petition, are on 25.01.2014, petitioner and respondent no. 2 got married, as per Hindu rites and customs, in Rajasthan. No child was born out of the said wedlock. It is stated that since 04.11.2014, petitioner and respondent no. 2 got separated due to matrimonial disputes. On the complaint of respondent no. 2, an FIR bearing no. 155/2016, got registered at Police Station Nanak Pura, Delhi, for offences punishable under Sections 498A/406/34 of IPC. It is stated that a settlement has been arrived at between the parties vide Compromise Deed dated 09.07.2018, and both the parties have settled all their disputes and differences without any force or coercion. It is further stated that the divorce has been granted to the parties vide order dated 21.01.2019. Hence, the present petition is filed for quashing of the said FIR.

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On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties.

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It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan , marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner. It is also stated that she has received the entire amount, as per the settlement.

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Today, the complainant, who is present in Court states that she has no objection if the FIR is quashed.

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In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful

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purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

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Accordingly, FIR bearing no. 155/2016, registered at Police Station Nanak Pura, Delhi, for offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

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The present petitions stand disposed of.

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The order be uploaded on the website forthwith.

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SWARANA KANTA SHARMA, J

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APRIL 5, 2024/ at

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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 06/04/2024 at 11:56:44

Parivesh Dhariwal & Ors. v. State & Anr.

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Parivesh Dhariwal & Ors. v. State & Anr.

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