Allowed

Sh Rahul Kaushik and Ors. v. State NCT of Delhi and Anr.

Delhi HC6 Mar 2024CRL.M.C./533/2024

Case brief

AI extract

What is this about?

This order allowed a criminal petition under Section 482 Cr.P.C. seeking quashing of an FIR based on IPC Sections 498A, 406, and 34. The court found that a settlement was reached, a divorce decree was passed, and the compromise amount was fully paid, granting the relief to quash the FIR.

What did the court decide?

The FIR No. 798/2022 under Sections 498A/406/34 IPC and all consequential proceedings, including the pending chargesheet, are quashed.

Sh Rahul Kaushik and Ors. Vs State NCT of Delhi and 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. 533/2024 & CRL.M.A. 2109/2024 (Exemption)

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SH RAHUL KAUSHIK AND ORS ..... Petitioners Through: Counsel (appearance not given) alongwith petitioners in person.

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versus

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STATE NCT OF DELHI AND ANR ..... Respondents Through: Mr. Sunil Kumar Gautam, APP for the State.

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SI Bhagwan Sahay, PS Vijay Vihar. Mr. Ashok Thagal and Ms. Duli Chand, Advocates for R-2 alongwith R-2 in person.

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CORAM:

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HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R

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% 06.03.2024

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The present petition filed under Section 482 of the Cr.P.C. seeks quashing of the FIR No. 798/2022, under Sections 498A/406/34 of the IPC, registered at P.S. Vijay Vihar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Kanika Jain, learned Metropolitan Magistrate, Mahila Court, Rohini Courts, Delhi.

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The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 30.11.2020 as per Hindu rites and ceremonies. 3. No child was born out of the said wedlock.

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Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately from 04.02.2021. Subsequently, respondent no.2/complainant registered an FIR against

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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 12/03/2024 at 11:17:09

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petitioner no.1 (husband), petitioner no. 2 (father-in-law), petitioner no. 3 (mother-in-law), petitioner no. 4 (brother-in-law) and petitioner no. 5 (sisterin-law).

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On 01.04.2023, parties arrived at a settlement before the Delhi Mediation Centre, Rohini Courts, Delhi and as per the said settlement deed, petitioner no.1 has agreed to pay an amount of Rs.1,50,000/- 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. The copy of the aforesaid settlement deed dated 01.04.2023 is on record (Annexure B).

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In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 06.11.2023, passed by Sh. Dinesh Bhatt, learned Principal Judge, North-West district, Rohini Courts, Delhi (Annexure C). Further, as per the settlement deed, an amount of Rs. 1,25,000/- has already been paid to respondent no.2 and the remaining amount of Rs. 25,000/- has been paid to her in Court today, by means of a demand draft.

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Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Bhagwan Sahay, PS Vijay Vihar.

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A demand draft bearing no. 066285 dated 30.12.2023 for Rs. 25,000/drawn on Punjab National Bank, Karala, New Delhi has been handed over complainant/Respondent No.2, who acknowledges the receipt of the same.

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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. She further states that all the terms of the agreement have been complied

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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 12/03/2024 at 11:17:09

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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, the Hon’ble Supreme Court has recognized the need of amicable resolution of disputes 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 proceeding.”

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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. 798/2022, under Sections 498A/406/34 of the IPC, registered at P.S. Vijay Vihar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Kanika Jain, learned Metropolitan Magistrate, Mahila Court, Rohini Courts, Delhi.

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In the interest of justice, the petition is allowed, and the FIR No. 798/2022, under Sections 498A/406/34 of the IPC, registered at P.S. Vijay Vihar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Kanika Jain, learned Metropolitan Magistrate, Mahila Court, Rohini Courts, Delhi, is hereby quashed.

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Petition is allowed and disposed of accordingly.

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

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AMIT SHARMA, J MARCH 06, 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 12/03/2024 at 11:17:09

Sh Rahul Kaushik and Ors. v. State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Sh Rahul Kaushik and Ors. v. State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

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