Quashed

Tejas Sai v. State NCT of Delhi & Anr.

Delhi HC18 Jan 2024CRL.M.C./391/2024

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 disputes, including maintenance and dowry claims, without coercion. The court held that continuing the proceedings would serve no useful purpose and would create further acrimony.

What did the court decide?

Quashing of FIR bearing no. 785/2021 and all consequential proceedings.

Tejas Sai Vs State NCT of Delhi & Anr. — Matrimonial and Divorce | Delhi HC (2024)

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$~81

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 391/2024

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TEJAS SAI ..... Petitioner Through: Mr. S. Satyananarayana and Mr. Pratyaksh Sharma, Advs.

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versus

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STATE NCT OF DELHI & ANR. ..... Respondents Through: Mr. Satish Kumar, APP for State with SI Bhoop Singh and ASI Harvinder P.S. Dwarka North Mr. Vinay Kumar Sharma, Mr. Prince and Mr. Aaditya, Advs. for R-2

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CORAM:

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HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

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O R D E R

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% 18.01.2024

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CRL.M.A. 1526/2024 (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. 391/2024

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The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of the petitioner seeking quashing of FIR bearing no. 785/2021, registered at Police Station Dwarka North, Delhi for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 and all consequential proceedings emanating therefrom. 4. Issue notice. Mr. Satish Kumar, learned APP accepts notice on behalf of the State.

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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 21/05/2024 at 15:10:41

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Petitioner is present before this Court and has been identified by his counsel Mr. S. Satyanarayana and Investigating Officer (IO) ASI Harvinder from Police Station Dwarka North, Delhi.

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Brief facts of the case are that the marriage of the petitioner and respondent no. 2 was solemnized on 04.07.2021 as per Hindu Rites and Ceremony at Delhi. No child was born out of the said wedlock. It is stated that respondent no. 2 started living separately from petitioner since 21.08.2021. On the complaint of respondent no. 2, the present FIR bearing no. 785/2021, was registered at Police Station Dwarka North, Delhi for offences punishable under Sections 498A/406/34 of IPC against the petitioner. It is also stated that the entire dispute has been amicably settled between the parties before Mediation Centre, Dwarka Courts, New Delhi vide Settlement Deed dated 17.04.2023.

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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 before Mediation Centre, Dwarka Courts, New Delhi vide Settlement Deed dated 17.04.2023. 8. 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 no.1 and other family members.

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The petitioner had paid a sum of Rs. 7,00,000/- in three installments in the following manner:

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a. First installment of Rs.2,00,000/- paid to respondent no. 2 at the

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time of first motion.

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b. Second installment of Rs.3,00,000/- paid to respondent no. 2 at the time of second motion.

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b. Third/Final instalment of Rs.2,00,000/- to be paid at the time of quashing of the FIR before the Hon‟ble High Court at New Delhi.

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Today, the complainant who is present in Court states that she has received the last and final instalment of Rs.2,00,000/- today, i.e., 18.01.2024 vide DD No.001150 drawn on HDFC Bank and 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 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. 785/2021, registered at Police Station Dwarka North, Delhi for offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed. 13. The petition stands 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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JANUARY 18, 2024/ NS

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Tejas Sai v. State NCT of Delhi & Anr.

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Tejas Sai v. State NCT of Delhi & Anr.

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