Allowed

Sonu Kumar @ Sonu Kumar Sharma & Ors. v. the State NCT of Delhi and Anr.

Delhi HC22 May 2024CRL.M.C./4214/2024

Case brief

AI extract

What is this about?

Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC filed by a wife against her husband. The court allowed the application following a verified compromise agreement and full payment of the settlement sum, finding no purpose served by continuing proceedings.

What did the court decide?

FIR bearing no. 241/2019 and all consequential proceedings under IPC Sections 498A, 406, and 34 were quashed.

Sonu Kumar @ Sonu Kumar Sharma & Ors. Vs the State NCT of… — Dowry and Cruelty | Delhi HC (2024)

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$~62

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 4214/2024 SONU KUMAR @ SONU KUMAR SHARMA

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& ORS. ..... Petitioners

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Through: Mr. Vijay Yadav, Advocate along with petitioners.

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versus

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THE STATE NCT OF DELHI AND ANR. ..... Respondents Through: Mr. Satish Kumar, APP for the State with Mr. Pranshu and Ms. Jeetanshi, Advocates and with SI Tilak Raj, P.S. Ranhola. Mr. Dinesh Kr. Masant, Advocate for R-2 with R-2 in person.

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CORAM:

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HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

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% 22.05.2024

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CRL.M.A. 16003/2024 (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. 4214/2024

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The instant petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed on behalf of petitioners seeking quashing of FIR bearing no. 241/2019, registered at Police Station Ranhola, Delhi for the offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 („IPC‟) and all consequential proceedings emanating therefrom.

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

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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 27/05/2024 at 12:42:39

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of State.

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All the petitioners are present before this Court and have been identified by their counsel Mr. Vijay Yadav and Investigating Officer (IO) SI Tilak Raj from Police Station Ranhola, Delhi.

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6. Brief facts of the present case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 25.11.2017 as per Hindu rites and Ceremonies. It is stated that no child was born out of the said wedlock. It is stated that due to temperamental differences, both the parties started living separately from each other since 17.08.2020. On the complaint of respondent no. 2, the present FIR bearing no. 179/2021 was registered at Police Station Ranhola, Delhi against the petitioners for offence punishable under Sections 498A/406/34 of IPC. It is stated that during the pendency of the case, both the parties have amicably settled all their disputes before Counselling Cell, Family Court vide Settlement Agreement dated 17.11.2023 and dissolved their marriage by way of mutual consent.

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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 Counselling Cell, Family Court vide Settlement Agreement dated 17.11.2023.

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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 no.1 and other family members.

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As per the settlement agreement, the petitioner no. 1 had to pay a sum

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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 27/05/2024 at 12:42:39

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of Rs. 1,60,000/- in three installments in the following manner:

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a. First installment of Rs. 50,000/- paid to respondent no. 2 at the time of recording statements in the first motion petition.

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b. Second installment of Rs. 50,000/- paid to respondent no. 2 time of recording statements in the second motion petition.

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c. Third /Final instalment of Rs. 60,000/- 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. 60,000/- today, i.e., 22.05.2024 vide DD No. 006785 drawn on IDBI 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. 241/2019, registered at Police Station Ranhola, Delhi for the offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

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In view of above, 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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MAY 22, 2024/ZP

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Click here to check corrigendum, if any

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Sonu Kumar @ Sonu Kumar Sharma & Ors. v. the State NCT of Delhi and Anr.

Case brief

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Sonu Kumar @ Sonu Kumar Sharma & Ors. v. the State NCT of Delhi and Anr.

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