Allowed

Dinesh & Ors. v. the State of NCT of Delhi & Anr.

Delhi HC3 Jul 2024CRL.M.C./4962/2024

Case brief

AI extract

What is this about?

This order quashes an FIR registered under Sections 498A/406/34 IPC arising from a matrimonial dispute. The Court recognized a prior mutual settlement and divorce decree and allowed quashment conditional on the encashment of a remaining settlement amount.

What did the court decide?

Direction to quash the FIR No. 2532/2014 and consequent criminal proceedings subject to encashment of a demand draft of Rs. 1 lakh.

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

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 4962/2024 & CRL. M.A.18979/2024 DINESH & ORS. .....Petitioners

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Through: Mr. Ravi Kumar, Advocate for petitioners with petitioners in person.

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versus

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THE STATE OF NCT OF DELHI & ANR .....Respondents Through: Mr. Sanjeev Sabharwal, APP for State with SI Sadhna PS Mangolpuri, Delhi. Respondent No.2 in person.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R

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% 03.07.2024

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The present petition has been filed seeking quashing of FIR No. 2532/2014 registered under Sections 498A/406/34 IPC at P.S. Mangolpuri, Delhi on the ground that the parties have amicably settled their disputes.

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The present FIR is an outcome of a matrimonial dispute between the complainant/respondent No. 2 (wife) and petitioner No. 1 (husband) whereas petitioner Nos. 2 to 9 are the in-laws of the complainant.

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Mr. Sanjeev Sabharwal, learned APP for the State submits that petitioners are the only accused persons and respondent No. 2 is the complainant/victim. It is further submitted that charge-sheet has been filed under the aforesaid sections.

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Learned counsel for the petitioners submits that the parties have settled their disputes before the Mediation Centre, Rohini Court, Delhi on 15.11.2022, a copy whereof has been placed on record. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 04.05.2024 passed by the Family Court, North-

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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 11:04:16

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West, Rohini Courts, Delhi. It was agreed that a sum of Rs.4,00,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No. 5. It is further submitted that out of the settlement amount, the balance amount of Rs.1,00,000/- is being paid today through a demand draft bearing number 336713 drawn on Bank of Baroda, Mianwali Nagar, New Delhi, 110087, a photocopy of which has been placed on record. 6. Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./ SI Sadhna PS Mangolpuri, Delhi. Respondent No.2, who is also present in Court, has been identified by the I.O.

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Respondent No. 2 states that she has settled her disputes with the petitioners of her own free will, volition and without any coercion. She further submits that she has no objection in case the FIR is quashed against the petitioners subject to encashment of the demand draft of Rs.1,00,000/handed over to her today.

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Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

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The parties shall remain bound by the statement made in Court today. 10. In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to encashment of aforesaid demand draft of Rs.1 lac.

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With the above directions, the petition is disposed of alongwith miscellaneous application.

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MANOJ KUMAR OHRI, J

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JULY 3, 2024/ rd

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Dinesh & Ors. v. the State of NCT of Delhi & Anr.

Case brief

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Dinesh & Ors. v. the State of NCT of Delhi & Anr.

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