Quashed

Amanpreeet Singh and Ors. v. the State NCT of Delhi and Anr.

Delhi HC27 Aug 2024CRL.M.C./6664/2024

Case brief

AI extract

What is this about?

The Delhi High Court quashed an FIR for dowry harassment and criminal trespass filed against former husband and in-laws. The court relied on a mutual consent divorce decree and a full financial settlement deed executed by both parties, citing futility in continuing proceedings after full settlement.

What did the court decide?

FIR No. 1013/2019 and all subsequent proceedings registered thereunder are quashed and closed.

Amanpreeet Singh and Ors. Vs the State NCT of Delhi and Anr. — Domestic Violence | Delhi HC (2024)

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$~66

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 6664/2024

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AMANPREET SINGH & ORS. .....Petitioners Through: Mr. Sameer Chandra, Mr. Brijesh Vats, Mr. Shubham Parashar, Mr. Himanshu Yadav, Mr. Aryan Tomar, Advocates. Petitioners Nos. 2 and 3 via videoconferencing. Petitioners Nos. 1 and 4 in court.

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versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Satish Kumar, ASC for the State with SI Lalit Kumar, P.S. : Bindapur. Mr. Amar Kumar, Mr. Anup Kumar & Mr. Shailnder Kumar Singh, Advocates for R-2 with R-2 in court.

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CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 27.08.2024

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CRL.M.A. 25428/2024

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Exemption allowed, subject to just exceptions.

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The application stands disposed-of.

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CRL.M.C. 6664/2024

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This matter has been received due to non-availability of the Roster Bench.

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By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners, who are the former husband and in-laws of the complainant/respondent No. 2, seek quashing of case FIR No. 1013/2019 dated 30.12.2019 registered under

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CRL.M.C. 6664/2024

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Page 1 of 3

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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 04/09/2024 at 12:21:52

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sections 498-A/406/34 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Bindapur, Delhi.

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The petition is premised on Compromise-cum-Settlement Deed dated 25.04.2024; and Divorce Decree dated 20.07.2024, which is the culmination of petitions under sections 13B(1) and 13B(2) of the Hindu Marriage Act 1955, whereby the parties had sought dissolution of their marriage by mutual consent.

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The petition is also supported by affidavits of the petitioners as also of respondent No. 2, alongwith proofs of their I.D.s.

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Petitioners Nos. 1 and 4 as well as respondent No. 2 are present in court. Petitioners Nos. 2 and 3 have joined the proceedings via videoconferencing. Their credentials have been verified and they have also been identified by their respective counsel.

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No appeal is stated to have been filed from the divorce decree.

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The court has queried Ms. Daljeet Kaur, respondent No. 2, who confirms that she has taken divorce by mutual consent; and that a settlement deed has been entered into between the parties; and that in full-and-final settlement of all her claims including towards maintenance (past, present and future), stridhan , dowry articles, jewellery, permanent alimony, etc., she was to receive a sum of Rs.23,50,000 /- from petitioner No. 1, which amount has been paid earlier, in compliance of the terms of the settlement deed. Respondent No. 2 confirms that all aspects of the settlement have now been performed.

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Mr. Satish Kumar, learned ASC confirms that the State has no objection to the subject FIR being quashed.

CRL.M.C. 6664/2024

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In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

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Accordingly, FIR No. 1013/2019 dated 30.12.2019 registered under sections 498-A/406/34 IPC at P.S.: Bindapur, Delhi is quashed. All proceedings arising therefrom also stand closed.

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Needless to add that the settlement between the parties leading to the closure of all criminal proceedings by way of the present order will in no way affect the property rights and other rights of the minor child, viz. Niromi Singh vis-a-vis his father, as may be available under law, in any manner whatsoever.

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