Disposed

Pawan Dixit and Ors. v. State of NCT of Delhi through Concerned SHO and Anr.

Delhi HC22 Jul 2024CRL.M.C./5524/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR arising from a matrimonial dispute under Sections 498A/406/34 IPC and the Dowry Prohibition Act, based on a settlement MOU and mutual-consent divorce. The complainant affirmed her no-objection subject to encashment of a demand draft. The court quashed the FIR and consequent proceedings.

What did the court decide?

FIR No.583/2018 and consequent proceedings quashed, subject to encashment of demand draft No.303595 for Rs.3,00,000/- handed over to respondent No.2.

Pawan Dixit and Ors. Vs State of NCT of Delhi through… — Dowry and Cruelty | Delhi HC (2024)

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$~71

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 5524/2024

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PAWAN DIXIT AND ORS .....Petitioners

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Through: Mr.Saurabh Sharma and Ms.Deeksha P., Advocates with petitioners in person

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versus

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STATE OF NCT OF DELHI THROUGH CONCERNED SHO AND ANR .....Respondents Through: Mr. Sanjeev Sabharwal, APP for State with SI Akash Mr.Shreshtha Kumar and Mr.Himanshu, Advocates for respondent No.2 with respondent No.2 in person

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

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O R D E R % 22.07.2024

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By way of present petition, the petitioners seek quashing of FIR No.583/2018 registered under Sections 498A/406/34 IPC and Sections 3/4 Dowry Prohibition Act at P.S. Bhajan Pura, 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 5 are the in-laws of the complainant.

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Learned APP for the State submits that the petitioners are the only accused persons and respondent No. 2 is the complainant/victim. It is further

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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 08:03:16

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submitted that chargesheet has been filed in the present case under the aforesaid sections.

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Learned counsels for the parties submit that the parties have settled their dispute vide MOU/Settlement Deed dated 21.08.2023. It is stated that petitioner No.1 and respondent No.2 have already been granted divorce by mutual consent vide divorce decree dated 07.11.2023 passed by learned Principal Judge, Family Court, Karkardooma Courts, Delhi in HMA No.1208/2023. It is further submitted that out of the settlement amount, the balance amount of Rs.3,00,000/- is being paid today through a demand draft bearing No.303595 dated 19.03.2024 and revalidated on 19.06.2024 drawn on Canara Bank. In terms of the settlement, respondent No.2 is now left with no claim whatsoever against the petitioners.

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The petitioners and respondent No.2, who are present in the Court, have been identified by their respective counsels and the Investigating Officer.

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Respondent No.2 states that she has entered into the aforesaid MOU/Settlement Deed out of her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed subject to encashment of the aforesaid demand draft handed over to her today.

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Learned counsels for the parties submit that no other proceedings are pending between the parties.

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The parties shall remain bound by the statements made in Court today.

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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

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aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed subject to encashment of the aforesaid demand draft. 10. The petition is disposed of in the above terms.

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MANOJ KUMAR OHRI, J

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JULY 22, 2024 na

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Pawan Dixit and Ors. v. State of NCT of Delhi through Concerned SHO and Anr.

Case brief

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Pawan Dixit and Ors. v. State of NCT of Delhi through Concerned SHO and Anr.

Case brief

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