Allowed

Pankaj Kumar & Ors. v. the State NCT of Delhi and Anr.

Delhi HC2 Jul 2024CRL.M.C./4934/2024

Case brief

AI extract

What is this about?

The Court allowed a writ petition seeking quashing of an FIR under sections 406, 498-A, and 34 IPC. Settlement was achieved post-divorce; maintenance payments were made. Conviction chances deemed remote, leading to quashing to prevent misuse of process.

What did the court decide?

FIR No.448/2018 registered under Sections 406/498-A/34 IPC and proceedings therefrom are quashed.

Pankaj Kumar & Ors. Vs the State NCT of Delhi and Anr. — Maintenance and Alimony | Delhi HC (2024)

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$~19

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 4934/2024&CRL.M.A. 18877/2024

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PANKAJ KUMAR & ORS. ..... Petitioners

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Through Counsel(appearance not given)

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versus

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THE STATE NCT OF DELHI AND ANR ..... Respondents Through Mr. Hitesh Wali, APP for the State with SI Narender Kumar, PS: Hari Nagar. Petitioner No. 1-4 are present in person. Petitioner no. 5 is present through VC.

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL O R D E R % 02.07.2024

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CRL.M.A. 18877/2024 (Exemption)

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Exemption allowed subject to just exceptions.

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Accordingly, application stands disposed of.

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W.P.M.C.4934/2024

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This petition has been filed seeking quashing of FIR No.448/2018 registered under Sections 406/498-A/34 IPC registered at PS Hari Nagar.

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The marriage of petitioner no.1 and respondent no.2 was solemnized at Delhi on 21^st November, 2011.

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Two children were born out of wedlock, one female and one male child.

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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 02/07/2025 at 11:12:12

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Pursuant to matrimonial disputes, parties have since procured a divorce by a decree dated 19^th March, 2024. The custody of both the children has been granted to respondent no.2.

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The parties have since settled their disputes with the facilitation of the Mediation Centre, Tis Hazari Court on 19^th January, 2024, which has been placed on record.

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As per the settlement, petitioner no.1 has to pay Rs. 17 lacs to the respondent no.2 towards permanent maintenance alimony, stridhan etc., the same to be paid in three instalments; it is noted that the first two instalments of Rs. 6 lacs each have been paid and the balance in instalment of Rs. 5 lacs is being paid today by means of demand draft as follows:

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a) DD No. 156414 dated 15^th April, 2024 of Rs. 1,00,000/b) DD No. 156415 dated 15^th April, 2024 of Rs. 1,00,000/c) DD No. 576129 dated 23^rd April, 2024 of Rs. 3,00,000/-

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___________ Total: Rs. 5,00,000/-

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The said DDs have been accepted by respondent no.2 in Court and duly acknowledged. The petitioner no. 1-4 and respondent no. 2 are present in Court and are duly identified by the IO whereas petitioner no.5 is present through VC. 8. Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No.448/2018 registered under Sections 406/498-A/34 IPC at PS Hari Nagar and proceedings emanating

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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 11:12:12

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therefrom are quashed.

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It is however made clear that the said settlement will not affect the rights of the minor children in future.

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Parties shall abide by the terms of settlement.

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Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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JULY 2, 2024 /RK

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Click here to check corrigendum, if any

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Pankaj Kumar & Ors. v. the State NCT of Delhi and Anr.

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Pankaj Kumar & Ors. v. the State NCT of Delhi and Anr.

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