Allowed

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

Delhi HC2 Sept 2024CRL.M.C./6894/2024

Case brief

AI extract

What is this about?

Delhi HC quashed an FIR registered under Sections 498A, 406, 34 IPC and Section 4 of the Dowry Prohibition Act. The court observed that the marriage had been dissolved by mutual consent and the dispute was amicably settled, noting that keeping the case pending would be an abuse of the process of the court.

What did the court decide?

FIR No.0281/2016 under Sections 498A/406/34 IPC & Section 4 of Dowry Prohibition Act, 1961 and proceedings therefrom are quashed.

Dinesh & Ors. Vs the State Govt of NCT of Delhi & Anr. — Domestic Violence | Delhi HC (2024)

¶1

$~71

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

% Date of Decision: 02.09.2024

¶4

- CRL.M.C. 6894/2024

¶5

DINESH & ORS .....Petitioners Through: Mr.Manoj Sharma, Mr.Yagya Kumar Gautam, Mr.Laxmi Kant and Mr.Mayank Gautam, Advocates with petitioners in person.

¶6

versus

¶7

THE STATE GOVT OF NCT OF DELHI & ANR .....Respondents Through: Ms.Meenakshi Dahiya, APP for State with SI Sapna, P.S. Aman Vihar. Ms.Rekha Sharma and Mr.Hitesh Sharma, Advocates with respondent No.2 in person.

¶8

CORAM:

¶9

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

¶10

% J U D G M E N T

¶11

ANOOP KUMAR MENDIRATTA, J (ORAL)

¶12

CRL.M.A. 26373/2024

¶13

Exemption allowed, subject to just exceptions.

¶14

Application stands disposed of.

¶15

CRL.M.C. 6894/2024

¶16

1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioners for quashing of FIR No.0281/2016, under Sections 498A/406/34 IPC & Section 4 of Dowry Prohibition Act, 1961 registered at P.S.: Aman Vihar and proceedings emanating therefrom.

¶17

Signature Not Verified

¶18

CRL.M.C. 6894/2024

¶19

Page 1 of 3

¶20

Digitally Signed By:DINESH CHANDRA Signing Da te:0 9.09.2024 13:02:24

¶21

2. Issue notice. Learned APP for the State and learned counsel for respondent No. 2 along with respondent No. 2 in person appear on advance notice and accept notice.

¶22

3. In brief, as per the case of the petitioners, marriage between petitioner No.1 and respondent No. 2 was solemnized according to Hindu Rites and ceremonies on 23.02.2012. No child was born out of the wedlock. Due to matrimonial differences, petitioner No.1 and respondent No. 2 started living separately. On complaint of respondent No. 2, present FIR was registered on 01.03.2016.

¶23

4. The disputes are stated to have been amicably settled between the parties in terms of MOU dated 16.11.2018 arrived at Mediation Centre, Rohini District Court, Delhi. The marriage between petitioner no. 1 and respondent No. 2 has been dissolved by decree of divorce by way of mutual consent under Section 13B(2) of the Hindu Marriage Act vide judgment dated 29.07.2019.

¶24

5. An amount of Rs. 60,000/- has been paid to respondent No. 2 today through DD No. 994802 dated 03.07.2024 drawn on State Bank of India, Paharganj, New Delhi in favour of respondent No. 2.

¶25

6. Learned APP for the State submits that in view of amicable settlement between the parties, she has no objection in case the FIR in question is quashed.

¶26

7. Petitioners and respondent No. 2 are present in person and have been identified by SI Sapna, PS: Aman Vihar. I have interacted with the parties and they confirm that the matter has been amicably settled between them without any threat, pressure or coercion. Respondent No. 2 also states that nothing remains to be further adjudicated upon between the parties and she

¶27

Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Da te:0 9.09.2024 13:02:24

¶28

CRL.M.C. 6894/2024

¶29

Page 2 of 3

¶30

has no objection in case the FIR in question is quashed.

¶31

8. Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. It would be nothing but an abuse of the process of Court. The chances of conviction are bleak in view of amicable settlement between the parties. Consequently, FIR No.0281/2016, under Sections 498A/406/34 IPC & Section 4 of Dowry Prohibition Act, 1961 registered at P.S.: Aman Vihar and proceedings emanating therefrom stand quashed.

¶32

Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

¶33

A copy of this order be forwarded to learned Trial Court for information.

¶34

ANOOP KUMAR MENDIRATTA, J

¶35

SEPTEMBER 02, 2024/v

¶36

Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Da te:0 9.09.2024 13:02:24

¶37

CRL.M.C. 6894/2024

¶38

Page 3 of 3

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

Case brief

What is this about?

What did the court decide?

Dinesh & Ors. v. the State Govt 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sonu Kumar@ Sohan@ Ors. Vs the State NCT of Delhi and Anr.

Harshit Bidhuri Vs State of NCT of Delhi & Ors.

Kamal Gaur & Ors. Vs State NCT of Delhi and Anr.

Amit Verma Vs State Govt. of NCT Delhi & Anr.

Arvind Kejriwal & Ors. Vs State & Anr.

Hanny Wadhwa and Ors. Vs Govt of NCT of Delhi & Anr.