Allowed

Atul Goyal & Ors. v. State of NCT of Delhi and Anr.

Delhi HC10 Jul 2024CRL.M.C./4508/2024

Case brief

AI extract

What is this about?

Single judge granted quashing of FIR under 498A IPC and related proceedings following mutual consent divorce and amicable settlement wherein disputed amounts were paid by petitioners, noting that keeping the case pending would be an abuse of process.

What did the court decide?

FIR No. 0219/2015 and all subsequent proceedings were quashed. Pending applications were disposed of.

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

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$~34

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*** IN THE HIGH COURT OF DELHI AT NEW DELHI**

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% Date of Decision: 10.07.2024

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- CRL.M.C. 4508/2024

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ATUL GOYAL & ORS. ..... Petitioners Through: Mr. Rajeev Kumar Malik, Mr. Deepanshu Nainwal and Mr. Dishant Chaudhary, Advocates with Petitioners-in-person.

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versus

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STATE OF NCT OF DELHI AND ANR. ..... Respondents Through: Ms. Kiran Bairwa, APP for State with SI Vishal, PS: Mayur Vihar. Mr. Jitendra Anand, Advocate for R-2 with Respondent No. 2 in-person.

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CORAM:

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HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA % J U D G M E N T

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ANOOP KUMAR MENDIRATTA, J (ORAL)

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1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioners for quashing of FIR No. 0219/2015, under Sections 498A/406/34 IPC, registered at PS: Mayur Vihar Phase-1 and proceedings emanating therefrom.

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2. Issue notice. Learned APP for the State and learned counsel for respondent No. 2 along with respondent No. 2 appear on advance notice and accept notice

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3. In brief, as per the case of the petitioners, marriage between petitioner No. 1 and respondent No. 2 was solemnized according to Hindu rites and ceremonies on 24.05.1997. Two male children were born out of the wedlock, who are major. Due to temperamental differences, petitioner No. 1 and

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Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Da te:1 2.07.2024 18:37:52

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CRL.M.C. 4508/2024

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respondent No. 2 started living separately. On complaint of respondent No. 2, present FIR was registered on 30.03.2015.

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4. The disputes are stated to have been amicably settled between the parties in terms of Settlement dated 31.10.2023 at the Delhi Mediation Centre, Karkardooma Courts, Delhi. The marriage between petitioner No. 1 and respondent No. 2 has been dissolved by decree of divorce by way of mutual consent under Section 13B(2) of the Hindu Marriage Act vide judgment dated 02.04.2024.

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5. Balance amount of Rs. 17,00,000/- has been paid to respondent No. 2 today through DD Nos. 632983 and 632986 for Rs. 12 lakhs and Rs. 5 lakhs respectively, dated 24.04.2024 drawn on Indian Bank, Chandiwala Estate, Allahabad Branch in favour of respondent No. 2.

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6. Learned APP for the State submits that in view of amicable settlement between the parties, she has no objection in case the FIR in question is quashed. 7. Petitioners and respondent No. 2 are present in person and have been identified by SI Vishal, PS: Mayur Vihar. I have interacted with the parties and they confirm that the matter has been amicably settled between them without any threat, pressure or coercion. Respondent No. 2 also states that nothing remains to be further adjudicated upon between the parties and she has no objection in case the FIR in question is quashed.

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8. Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. It would be nothing but an abuse of the process of Court. Consequently, FIR No. 0219/2015, under Sections 498A/406/34 IPC, registered at PS: Mayur Vihar Phase-1 and proceedings emanating therefrom

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Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Da te:1 2.07.2024 18:37:52

CRL.M.C. 4508/2024

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stand quashed.

Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

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A copy of this order be forwarded to learned Trial Court for information.

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ANOOP KUMAR MENDIRATTA, J.

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JULY 10, 2024 /R

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Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Da te:1 2.07.2024 18:37:52

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CRL.M.C. 4508/2024

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Atul Goyal & Ors. v. State of NCT of Delhi and Anr.

Case brief

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Atul Goyal & Ors. v. State of NCT of Delhi and Anr.

Case brief

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