Allowed

Nand Kishore & Ors. v. State Govt. of NCT of Delhi & Anr.

Delhi HC4 Jan 2024CRL.M.C./43/2024

Case brief

AI extract

What is this about?

Delhi High Court quashed an FIR registered under IPC 498A, 406, and 34, allowing a section 482 petition. The court noted the parties had settled via a deed and divorce. The complainant confirmed receipt of the final payment installment and expressed no objection to quashing, finding no legal impediment.

What did the court decide?

FIR bearing no. 371/2015 registered at Police Station Sultanpuri, Delhi for offences under Sections 498A/406/34 IPC and all consequential proceedings are quashed.

Nand Kishore & Ors. Vs State Govt. of NCT of Delhi & Anr. — Domestic Violence | Delhi HC (2024)

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$~40

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 43/2024

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NAND KISHORE & ORS. ..... Petitioners

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Through: Mr. Meharban Singh, Advocate along with petitioners.

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versus

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STATE GOVT. OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Satish Kumar, APP for the State with SI Rohit, P.S. Sultanpuri.

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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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% 04.01.2024

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CRL.M.A. 176/2024 (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. 43/2024

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The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioners seeking quashing of FIR bearing no. 371/2015, registered at Police Station Sultanpuri, Delhi for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 and all consequential proceedings emanating therefrom.

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

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Petitioners are present before this Court and have been identified by their counsel Mr. Meharban Singh and Investigating Officer (IO) SI Rohit

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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 06/05/2024 at 15:14:57

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from Police Station Sultanpuri, Delhi.

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Brief facts of the case are that the marriage between the petitioner no. 1 and respondent no. 2 was solemnized on 04.12.2011 as per Hindu rites and ceremonies. It is stated that one female child was born out of the said wedlock on 02.01.2013. It is stated that due to temperamental differences and certain other reasons, both the parties started living separately from each other since 05.09.2014. On the complaint of respondent no. 2, the present FIR bearing no. 371/2015, was registered at Police Station Sultanpuri, Delhi for offences punishable under Sections 498A/406/34 of IPC against the petitioners. It is stated that the entire dispute has been amicably settled between the parties before Mediation Centre, Rohini District Courts, Delhi vide Settlement Deed dated 29.09.2019 and both the parties have obtained divorce vide divorce decree dated 15.01.2020.

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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, Rohini District Courts, Delhi vide Settlement Deed dated 29.09.2019 and affidavits showing the protection of interest of minor child as per the judgment titled as Ganesh vs. Sudhirkumar Shrivastava, (2020) 20 SCC 787 passed by the Hon‟ble Supreme Court have been filed and the same are on record.

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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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The petitioner no. 1 had paid a sum of Rs. 6,80,000/- in three installments in the following manner:

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a. First installment of Rs. 2,20,000/- paid to respondent no. 2 in the first motion petition.

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b. Second installment of Rs. 2,20,000/- paid to respondent no. 2 in the second motion petition.

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c. Third/Final instalment of Rs. 2,40,000/- 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. 2,40,000/- today, i.e., 04.01.2024 vide DD No. 053746 dated 03.01.2024 drawn on Punjab National 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. 371/2015, registered at Police Station Sultanpuri, Delhi for offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

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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 4, 2024/zp

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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 06/05/2024 at 15:14:57

Nand Kishore & Ors. v. State Govt. of NCT of Delhi & Anr.

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Nand Kishore & Ors. v. State Govt. of NCT of Delhi & Anr.

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