Allowed

Dinesh Kumar & Ors. v. the State (Govt of NCT of Delhi) & Anr.

Delhi HC25 Jan 2024CRL.M.C./610/2024

Case brief

AI extract

What is this about?

The Delhi High Court allowed a petition under Section 482 CrPC seeking quashing of an FIR under Sections 498A, 406 and 34 IPC. The parties had mediated, settled all claims totaling Rs. 7 lakhs, and obtained a mutual consent decree of divorce. The Court held no useful purpose would be served in continuing proceedings.

What did the court decide?

FIR No.452/2021 under Sections 498A/406/34 IPC and all consequential proceedings were quashed.

Dinesh Kumar & Ors. Vs the State (Govt of NCT of Delhi) & Anr. — Caste Atrocities | Delhi HC (2024)

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$~35

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 610/2024

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DINESH KUMAR & ORS. ..... Petitioners

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Through: Mr. Ravi Pratap Singh Bhatti and Mr. Kanhaiya Lal, Advs. with petitioners in person.

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versus

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THE STATE (GOVT OF NCT OF DELHI) & ANR...... Respondent

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Through: Mr. Raj Kumar, APP for State with ASI Manoj Kumar PS M.S. Park Mr. Ranvir Singh, Adv. for R2 with R2 in person with R2 in person.

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CORAM:

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HON'BLE MR. JUSTICE VIKAS MAHAJAN

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CRL.M.A. 2532/2024 (exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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CRL.M.C. 610/2024

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The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.452/2021 under Sections 498A/406/34 IPC registered at Police Station M.S. Park, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

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Issue notice. The learned APP for the State accepts notice. He submits that since the FIR is an outcome of a matrimonial dispute and the parties

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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 15/06/2024 at 11:28:16

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have arrived at a settlement, the State has no objection in case the FIR in question is quashed.

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The petitioner no.1 (former husband), the petitioners no. 2 – 5, who are close relatives of the petitioner no. 1, as well as, respondent no. 2 (former wife) are present in the Court and they have been identified by their respective counsel and by the Investigating Officer with ASI Manoj Kumar PS M.S. Park.

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The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 29.06.2020 according to Hindu Rites and Customs. Out of the said wedlock, no child was born.

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On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 04.10.2020. The dispute between the parties also led to the registration of present FIR.

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During the pendency of the proceedings, the parties were referred to Delhi Mediation Centre, Karkardooma Courts, Delhi, where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement report dated 16.05.2023, which is annexed as Annexure B to the present petition.

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In terms of the said settlement, the parties decided to dissolve their marriage by filing a petition for divorce by way of mutual consent. Accordingly, the petitioner no.1 and respondent no.2 have obtained a decree of divorce dated 05.12.2023, which is annexed as Annexure A to the present petition.

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It is also a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.7,00,000/- to the respondent no.2 towards full and final settlement of all her claims on account of streedhan ,

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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 15/06/2024 at 11:28:16

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permanent alimony, dowry articles, maintenance (past, present and future) etc. Out of the said amount, a sum of Rs. 4,00,000/- has already been paid by the petitioner no.1 to the respondent no.2 in the manner as mentioned in the settlement. The remaining amount of Rs.3,00,000/- has been paid to the respondent no.2 today in the court by the petitioner no.1 by way of Demand Draft bearing No317416 dated 20.01.2024 issued by State Bank of India, Pushpa Bhawan, New Delhi.

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The receipt of entire amount of Rs.7,00,000/- is acknowledged by the respondent no.2, who is present in court.

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The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.

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In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

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It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

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Consequently, the petition is allowed and the FIR No.452/2021 under Sections 498A/406/34 IPC registered at Police Station M.S. Park, Delhi alongwith all other proceedings emanating therefrom, is quashed.

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The petition stands disposed of in the above terms.

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Order be uploaded on the website of this court.

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VIKAS MAHAJAN, J

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JANUARY 25, 2024/ N.S. ASWAL

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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 15/06/2024 at 11:28:16

Dinesh Kumar & Ors. v. the State (Govt of NCT of Delhi) & Anr.

Case brief

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Dinesh Kumar & Ors. v. the State (Govt of NCT of Delhi) & Anr.

Case brief

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