Allowed

Gautam Kalita and Ors. v. the State NCT of Delhi and Anr.

Delhi HC13 Dec 2024CRL.M.C./6992/2024

Case brief

AI extract

What is this about?

The petition sought quashing of an FIR under Sections 498-A IPC, 406 IPC, and Section 34 IPC in a matrimonial dispute. The Delhi High Court quashed the proceedings, holding that the parties settled amicably, a divorce was granted, and a sum was paid to the wife, rendering further criminal action unnecessary.

What did the court decide?

Quashing of FIR No. 299/2012 and consequent criminal proceedings subject to encashment of the demand draft of Rs. 5 lacs.

Gautam Kalita and Ors. Vs the State NCT of Delhi and… — Matrimonial and Divorce | Delhi HC (2024)

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$~17

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 6992/2024 & CRL. M.A.26698/2024

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GAUTAM KALITA AND ORS. .....Petitioners

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Through: Mr. Lavkush Agnihotri, Mr. Prakhar Gupta and Mr. Gaurav Yadav, Advocates.

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versus

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THE STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Shoaib Haider, APP for State with SI Jeetender Kumar PS Mukherjee Nagar, Delhi. Respondent no.2 in person.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R

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% 13.12.2024

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The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 299/2012 registered under Sections 498-A/406/34 IPC at P.S. Mukherjee Nagar, New Delhi on the ground that the parties have amicably settled their disputes.

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The present FIR is an outcome of a matrimonial dispute between the complainant/respondent No. 2 (wife) and petitioner No. 1 (husband) and petitioner Nos. 2 to 6 are the in-laws of the complainant.

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Mr. Shoaib Haider, learned APP for the State submits that in the present case petitioners are the only accused persons and respondent No. 2 is the complainant/victim. He states that the charge-sheet has been filed.

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Learned counsel for the petitioners submits that the parties have settled their disputes before the Mediation Centre, Rohini Courts, New Delhi on 21.02.2024. In terms of the settlement, the parties have already been

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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 18/12/2024 at 11:38:35

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granted divorce by mutual consent vide divorce decree dated 20.08.2014 passed by the Family Court, Rohini Courts, Delhi in HMA No. 855/2014. It was agreed that two FDRs in the sum of Rs.2 lacs each shall be handed over to the petitioner No.1 and petitioner No.1 shall pay a sum of Rs.5 lacs as full and final settlement to respondent No. 2 towards her claims qua maintenance, stridhan, alimony, etc. It is further submitted that a demand draft of Rs.5,00,000/- bearing number 038643 dated 10.12.2024 drawn on Central Bank of India is being paid today to the respondent No.2 by the petitioner No.1. The aforesaid two FDRs are handed over to the petitioner No.1.

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Petitioners, who are present in Court, have been identified by their counsel as well as by I.O./ SI Jeetender Kumar PS Mukherjee Nagar, Delhi.

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Respondent No. 2, who is also present in Court and identified by the I.O., states that she has settled her disputes with petitioner No.1 of her own free will, volition and without any coercion. She also acknowledges the receipt of entire settled amount and submits that she has no objection in case the FIR is quashed against the petitioners subject to encashment of the demand draft of Rs.5,00,000/- handed over to her today.

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Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

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The parties shall remain bound by the statements and undertaking made in Court today.

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In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to encashment of aforesaid demand draft of Rs.5 lac.

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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 18/12/2024 at 11:38:35

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With the above directions, the petition is disposed of alongwith miscellaneous application.

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MANOJ KUMAR OHRI, J

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DECEMBER 13, 2024/ rd

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Gautam Kalita and Ors. v. the State NCT of Delhi and Anr.

Case brief

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Gautam Kalita and Ors. v. the State NCT of Delhi and Anr.

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