Quashed

Ravinder Kumar and Ors. v. State NCT of Delhi & Anr.

Delhi HC18 Dec 2024W.P.(CRL)/3952/2024

Case brief

AI extract

What is this about?

The High Court quashed an FIR registered under Sections 498A/406/34 IPC arising from a matrimonial dispute, noting that the parties had settled their differences, the petitioner had paid the agreed compensation, and the state had no objection to the quashing.

What did the court decide?

FIR No.893/2020 under Sections 498A/406/34 IPC and all consequential proceedings quashed.

Ravinder Kumar and Ors. Vs State NCT of Delhi & Anr. — Dowry and Cruelty | Delhi HC (2024)

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$~54

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 3952/2024

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RAVINDER KUMAR AND ORS .....Petitioners Through: Mr. Amit Saini and Mr. Sarik Saifi, Advocates along with the petitioner.

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versus

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STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) for the State with Mr. Priyam Aggarwal, Mr. Abhinav Kumar Arya and Mr. Aryan Sachdeva, Advocates ASI Bijender (Main IO) with Inspt Sandeep, PS Ranhola. Mr. Ankur Man, Advocate along with respondent no.2 in person.

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CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R

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% 18.12.2024

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CRL.M.A. 38180/2024 (exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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W.P.(CRL) 3952/2024

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The present petition has been filed under Articles 226/227 of Constitution of India read with Section 482 CrPC seeking quashing of FIR No.893/2020 under Sections 498A/406/34 IPC registered at PS Ranhola and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

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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 23/12/2024 at 12:16:36

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Issue notice. Learned APP for the State accepts notice. He submits 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) along with other petitioners who are close relatives of the petitioner no.1, as well as, respondent no. 2 (former wife) are present in the court and they have been identified by Investigating Officer ASI Bijender, PS Ranhola.

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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 31.10.2017 according to Hindu Rites and Customs. One girl child was born out of the said wedlock. 7. On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 02.01.2019. The dispute between the parties also led to registration of present FIR. 8. During the pendency of the proceedings, the parties were referred to the Mediation Centre, Dwarka Courts, New Delhi, where they arrived at settlement, terms whereof were reduced in writing in the form of settlement dated 24.06.2024, copy of which is annexed with the present petition as Annexure-A4.

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In terms of the said settlement, the parties decided to dissolve their marriage by way of divorce by mutual consent. Accordingly, the petitioner no.1 and respondent no.2 have obtained a decree of divorce dated 22.05.2023, which is annexed as Annexure A-5 to the present petition. 10. It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.15,00,000/- 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 23/12/2024 at 12:16:36

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permanent alimony, dowry articles, maintenance (past, present and future) etc in three instalments. Out of the said amount, a sum of Rs.10,00,000/- 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.5,00,000/- has been paid by the petitioner no.1 to the respondent no.2 today in the court by way of a Demand Draft bearing No.109539 dated 27.11.2024 issued by State Bank of India.

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The receipt of entire amount of Rs.15,00,000/- is acknowledged by the respondent no.2, who is present in court. 12. 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.893/2020 under Sections 498A/406/34 IPC Registered at PS Ranhola 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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VIKAS MAHAJAN, J

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DECEMBER 18, 2024 mk

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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 23/12/2024 at 12:16:36

Ravinder Kumar and Ors. v. State NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Ravinder Kumar and Ors. v. State NCT of Delhi & Anr.

Case brief

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