Allowed

Amit Pasricha & Ors. v. NCT of Delhi & Anr.

Delhi HC16 Feb 2024CRL.M.C./435/2024

Case brief

AI extract

What is this about?

Delhi HC quashed FIR No. 109/2021 and consequential proceedings arising from matrimonial dispute. Parties settled with wife receiving Rs. 3 crore; marriage dissolved via divorce. Court held continuation served no purpose. Children's inheritance and maintenance rights remain unaffected.

What did the court decide?

FIR No. 109/2021 and all consequential proceedings including chargesheet are quashed; children's rights to inheritance and maintenance preserved.

Amit Pasricha & Ors. Vs NCT of Delhi & Anr. — Matrimonial and Divorce | Delhi HC (2024)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 435/2024

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AMIT PASRICHA & ORS. ..... Petitioners Through: Ms. Gurmeet Bindra, Advocate (Through VC). Petitioners through VC.

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versus

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NCT OF DELHI & ANR. ..... Respondents Through: Mr. Mukesh Kumar, APP for the State. SI Kuldeep B., PS Laxmi Nagar. R-2 through VC. Mr. Akshay Thakur, Advocate for R-2 (through VC).

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CORAM: HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R % 16.02.2024

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The present petition under Section 482 Cr.P.C. seeks quashing of FIR No. 109/2021, under Section 498A/506/509/354A/34 of the IPC, registered at PS Laxmi Nagar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Shruti Chaudhary, learned Metropolitan Magistrate, East District, Karkardooma Court, New Delhi.

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The marriage between the petitioner no.1/husband and the respondent no.2/wife was solemnized on 07.02.1993 as per Hindu Rites and Customs and one female child and one male child was born out of the said wedlock. 3. Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties resided separately from June 2017.

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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 23/02/2024 at 10:50:03

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Subsequently, respondent no.2/complainant registered an FIR against petitioner no. 1 (husband), petitioner no. 2 (brother-in-law) and petitioner no. 3 (father-in-law).

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On 17.11.2022, parties arrived at a settlement and as per the said settlement deed, petitioner no.1 has agreed to pay an amount of Rs. 3,00,00,000/- to the respondent no.2/wife towards full and final settlement of all her claims including istridhan , permanent alimony and maintenance - present, past and future.

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In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 15.04.2023, passed by Sh. Manish Yaduvanshi, Judge, Family Court-02, East District, Karkardooma Courts, Delhi (Annexure P-4 Colly). Further, as per the settlement deed, the total amount of Rs. 3,00,00,000/- has already been paid to respondent no.2. Both the children are adults now and are living independently.

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Petitioners and complainant/respondent no. 2 are present before the Court through video conferencing and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Kuldeep B., PS Laxmi Nagar.

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The Complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed against the petitioners. She further states that all the terms of the settlement have been complied with.

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In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed.

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In Gian Singh v. State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Court has recognized the need of amicable resolution of disputes

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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 23/02/2024 at 10:50:03

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by observing as under:-

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“61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings.”

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In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 109/2021, under Section 498A/506/509/354A/34 of the IPC, registered at PS Laxmi Nagar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Shruti Chaudhary, learned Metropolitan Magistrate, East District, Karkardooma Court, New Delhi.

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In the interest of justice, the petition is allowed, and the FIR No. 109/2021, under Section 498A/506/509/354A/34 of the IPC, registered at PS Laxmi Nagar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Shruti Chaudhary, learned Metropolitan Magistrate, East District, Karkardooma Court, New Delhi, is hereby quashed.

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It is however directed that this order shall not come in the way of their children in claiming their rights of inheritance, maintenance, educational & marriage expenses, etc. against any of the parties.

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Petition is allowed and disposed of accordingly.

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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 23/02/2024 at 10:50:03

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AMIT SHARMA, J

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Pending application(s), if any, also stand disposed of.

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FEBRUARY 16, 2024 /sn

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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 23/02/2024 at 10:50:03

Amit Pasricha & Ors. v. NCT of Delhi & Anr.

Case brief

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Amit Pasricha & Ors. v. NCT of Delhi & Anr.

Case brief

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