Allowed

Sh Rohit Tanwar and Anr. v. the State Govt of NCT of Delhi and Ors.

Delhi HC11 Nov 2024CRL.M.C./575/2024

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What is this about?

Petitioners sought quashing of an FIR under Sections 498-A/406/34 IPC following a settlement with the complainant after their divorce decree. The final settlement payment was made by demand draft in court. Holding conviction chances remote and continuing proceedings a misuse of process, the court quashed the FIR.

What did the court decide?

FIR No.309/2018 under Sections 498-A/406/34 IPC, P.S. Vasant Kunj, and proceedings therefrom quashed, subject to clearance of demand draft; pending application disposed as infructuous.

Sh Rohit Tanwar and Anr. Vs the State Govt of NCT of Delhi… — Dowry and Cruelty | Delhi HC (2024)

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$~41

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 575/2024 & CRL.M.A. 2349/2024

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SH ROHIT TANWAR AND ANR .....Petitioners

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Through: Mr. K.S. Verma, Mr. Shahrukh Khan and Ms. Jyoti Verma, Ms. Sachi Advs. with petitioner no.1

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versus

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THE STATE GOVT OF NCT OF DELHI AND ORS .....Respondents Through: Mr. Amit Ahlawat, APP for the State. SI Mahndra Yadav, PS V K South Mr. Sanjeev Sharma, Adv. for Complainant.

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

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% 11.11.2024

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This petition has been filed seeking quashing of FIR No.309/2018 U/s 498-A/406/34, P.S. Vasant Kunj based on settlement arrived at between the parties dated 11^th April 2024, which is on record of this Court. 2. Petitioner no.1 and respondent no. 2 are present in Court and are duly identified by IO and the respective counsels. Appearance of petitioner nos. 2 to 7, who are family members of petitioner no.1, is exempted on oral request of counsel for petitioners.

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As per the settlement, outstanding balance of Rs.1.25 lakhs is being paid today vide a demand draft which has been handed over to respondent no.2, who has duly received it in Court. However, the said draft was originally issued in December 2023 and perusal of draft would show that the same has been revalidated last on 5^th September 2024.

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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 14/11/2024 at 11:48:16

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The marriage of petitioner no.1 and respondent no. 2 resulted in a divorce by decree dated 10^th May, 2023. No child was born out of wedlock. 5. 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, subject to clearance of the demand draft, FIR No.309/2018 U/s 498-A/406/34, P.S. Vasant Kunj, Delhi and proceedings emanating therefrom are quashed.

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It is made clear that if there is any difficulty in demand draft being cleared, respondent no.2 shall be at liberty to approach this Court.

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Parties shall abide by the terms of settlement.

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Accordingly, the petition is disposed of. Pending application is 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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NOVEMBER 11, 2024/sm

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Sh Rohit Tanwar and Anr. v. the State Govt of NCT of Delhi and Ors.

Case brief

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Sh Rohit Tanwar and Anr. v. the State Govt of NCT of Delhi and Ors.

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