Quashed

Deepak Kumar & Ors. v. State of NCT of Delhi & Anr.

Delhi HC13 Aug 2024CRL.M.C./5996/2024

Case brief

AI extract

What is this about?

Petition dismissed. High Court quashed FIR and proceedings arising from a matrimonial dispute after parties submitted a settlement before Delhi Mediation Centre, confirming complainant received full amount.

What did the court decide?

Quashed FIR No.170/2016 registered at Police Station Crime (Women) Cell Nanak Pura for offences under Sections 498A/406/34 IPC and proceedings emanating therefrom.

Deepak Kumar & Ors. Vs State of NCT of Delhi & Anr. — Domestic Violence | Delhi HC (2024)

¶1

$~102

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CRL.M.C. 5996/2024

¶4

DEEPAK KUMAR & ORS. .....Petitioners

¶5

Through: Mr. Ishan Singh (D/1344/23), Mr. Setu Niket, Ms. Esha Mazumdar, Ms. Unnimaya S., Ms. Chetna, Advocates along with Petitioners in person.

¶6

versus

¶7

STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Shoaib Haider, APP for the State. Ms. Shweta Bakshi (D/5643/17), Advocate for R-2 along with Respodent No.2 in person. SI Sanju Rai (D-5291), PS Kapashera, Traffic Circle

¶8

CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

¶9

O R D E R % 13.08.2024

¶10

The present petition under Section 482 of Cr.P.C has been filed by the Petitioners for quashing FIR No.170/2016 dated 21.09.2016, registered at Police Station Crime (Women) Cell Nanak Pura for offences punishable under Sections 498A/406/34 IPC. The present FIR is the outcome of a matrimonial dispute between the parties.

¶11

The Respondent No.2 is the Complainant and the Petitioner No.1 is the husband of the Complainant.

¶12

The principal ground on which the present petition has been filed is that the parties have entered into a settlement on 20.01.2024 before the Delhi Mediation Centre, Patiala House Courts Complex, New Delhi. In

¶13

Page 1 of 3

¶14

CRL.M.C. 5996/2024

¶15

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 21/08/2024 at 15:12:39

¶16

terms of the settlement, the Petitioner No.1/husband has agreed to pay a sum of Rs.7,50,000/- to the complainant/Respondent No.2 towards the full and final settlement of all her claims in the following manner:

¶17

a. A sum of Rs.3,00,000/- was to be paid at the time of recording of statement of the First Motion.

¶18

b. A sum of Rs.2,50,000/- was to be paid at the time of recording of statement of the Second Motion.

¶19

c. A sum of Rs.2,00,000/- was to be paid at the time of quashing of the FIR.

¶20

The parties are present in Court today. The Petitioners have been identified by their Counsel and the Investigating Officer. The Respondent No.2/complainant has been identified by her Counsel and the Investigating Officer. The Complainant/Respondent No.2 states that she has received the entire amount as per the settlement and has settled all her matrimonial disputes with the Petitioners out of her own free will, without pressure, coercion or undue influence and states that she does not want to pursue the present case any further and requests that the present FIR and the proceedings emanating therefrom may be quashed. The parties undertake that they will remain bound by the settlement and proceedings recorded before this Court.

¶21

Considering the fact that the dispute is a matrimonial dispute and the parties have amicably settled their disputes, the present case is squarely covered under the law laid down by the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303. In view of the settlement arrived at between the parties, this Court is satisfied that no useful purpose would be served in continuing with the present proceedings. Resultantly, the FIR

¶22

Page 2 of 3

¶23

CRL.M.C. 5996/2024

¶24

¶25

No.170/2016 dated 21.09.2016, registered at Police Station Crime (Women) Cell Nanak Pura for offences punishable under Sections 498A/406/34 IPC and the proceedings emanating therefrom are hereby quashed. 6. The petition stands disposed of in above terms, along with pending application(s), if any.

¶26

SUBRAMONIUM PRASAD, J

¶27

AUGUST 13, 2024 S. Zakir

¶28

Page 3 of 3

¶29

CRL.M.C. 5996/2024

¶30

This is a digitally signed order.

¶31

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 21/08/2024 at 15:12:39

Deepak Kumar & Ors. v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Deepak Kumar & Ors. v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shankul Bhogekar Vs the State Govt of NCT of Delhi

Raj Srivatsva Vs State of NCT of Delhi

Deepak@Jai Kishan & Ors. Vs State NCT of Delhi and Anr.

Rohit Kumar and Ors. Vs the State of NCT of Delhi and Ors.

Xxxxxxxxxxxxxx Vs the State NCT of Delhi and Anr.

Pawan Tokas Vs the State and Anr.