Allowed

Govind Sharma v. State of NCT & Ors.

Delhi HC19 Jan 2024CRL.M.C./42/2024

Case brief

AI extract

What is this about?

This order quashes an FIR under Sections 498A, 406, and 34 IPC filed during a marital dispute. The Delhi High Court allowed the quashing petition based on a comprehensive settlement between the former spouses, which included the grant of mutual divorce and payment of settlement amounts.

What did the court decide?

FIR No.125/2014 and all consequential proceedings were quashed.

Govind Sharma Vs State of NCT & Ors. — Dowry and Cruelty | Delhi HC (2024)

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$~78

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C 42/2024 GOVIND SHARMA ..... Appellant Through: Mr. Arvind Kumar, Adv. versus STATE OF NCT & ORS. ..... Respondents Through: Mr. Satinder Singh Bawa, APP for State with SI Kartar Singh PS Uttam Nagar Ms. Meena Jha, Adv. for R2 with R2 in person

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CORAM:

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HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R % 19.01.2024

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The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.125/2014 under Sections 498A/406/34 IPC registered at Police Station Uttam Nagar 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 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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He further points out that in the present case the charge sheet was filed against four accused, whereas, cognizance has been taken by the learned Metropolitan Magistrate only against the present petitioner vide order dated 06.08.2016.

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The petitioner no.1 (former husband), as well as, respondent no. 2 (former wife) are present in the Court and they have been identified by their

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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 02/07/2025 at 11:29:13

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respective counsel and by the Investigating Officer SI Kartar Singh PS Uttam Nagar.

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The brief facts of the case are that the marriage between the petitioner and respondent no. 2 was solemnized on 11.02.2005 according to Hindu Rites and Customs. Out of the said wedlock, two children were born. A daughter namely, Yukti, who is aged about 17 years is in the care and custody of the respondent no. 2 (mother), and a son, namely, Saksham @ Ayaan who is aged about 15 years is in the care and custody of the petitioner (father).

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On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 2013. 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 Counselling Cell, Family Court, Tis Hazari, where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement report dated 18.04.2023, which is annexed as Annexure P5 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 and respondent no.2 have obtained a decree of divorce dated 10.08.2023, a copy of which is annexed as Annexure P6 to the present petition.

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It is a term of the settlement between the parties that the petitioner shall pay a total sum of Rs.35,00,000/- to the respondent no.2 towards full and final settlement of all her claims on account of streedhan , permanent alimony, dowry articles, maintenance (past, present and future) etc. Out of

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the said amount, a sum of Rs. 25,00,000/- 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.10,00,000/- has been paid to the respondent no.2 today in the court by the petitioner no.1 by way of Demand Draft bearing No.371405 dated 11.12.2023 issued by Canara Bank, Ganesh Nagar, New Delhi-110018.

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The receipt of entire amount of Rs.35,00,000/- 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. 12. 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. 13. 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.125/2014 under Sections 498A/406/34 IPC registered at Police Station Uttam Nagar 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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JANUARY 19, 2024 N.S. ASWAL

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Govind Sharma v. State of NCT & Ors.

Case brief

What is this about?

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Govind Sharma v. State of NCT & Ors.

Case brief

What is this about?

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