Quashed

Vishnudev Sardar v. the State (Nct of Delhi) & Anr.

Delhi HC10 Sept 2024CRL.M.C./7157/2024

Case brief

AI extract

What is this about?

Delhi High Court quashed an FIR registered for offences under Sections 498A, 406, 34 IPC and Section 4 Dowry Prohibition Act after parties executed a settlement deed resolving the matrimonial dispute and the complainant confirmed full and free acceptance of compensation.

What did the court decide?

FIR No.635/2021 registered at Police Station Khajuri Khas for offences punishable under Sections 498A, 406 & 34 IPC read with Section 4 of the Dowry Prohibition Act and proceedings emanating therefrom

Vishnudev Sardar Vs the State (Nct of Delhi) & Anr. — Matrimonial and Divorce | Delhi HC (2024)

¶1

$~89

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CRL.M.C. 7157/2024

¶4

VISHNUDEV SARDAR .....Petitioner

¶5

Through: Mr. Vipin Kumar (D/2091/10), Advocate with Petitioner-in-person

¶6

versus THE STATE (NCT OF DELHI) & ANR. .....Respondents Through: Mr. Yudhvir Singh Chauhan, APP for the State. Mr. Yajvender Kumar (D/1176/09), Advocate for R-2 with Respondent No.2 in person SI Shivam Bisht, PS Khajuri Khas

¶7

CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD O R D E R % 10.09.2024

¶8

The Petitioner has approached this Court for quashing FIR No.635/2021 dated 19.09.2021 registered at Police Station Khajuri Khas for the offences punishable under Sections 498A, 406 & 34 IPC read with Section 4 of the Dowry Prohibition Act. The present FIR is the outcome of a matrimonial dispute between the parties.

¶9

It is stated that the parties have resolved their disputes by way of a Settlement Deed dated 18.10.2023 entered into between the parties before the Counselling Cell, Family Courts, Karkardooma, Delhi. As per the Settlement Deed dated 18.10.2023, the Petitioner has agreed to pay a sum of Rs.5,10,000/- to Respondent No.2 towards full and final settlement of all her claims in the following manner:

¶10

a) A sum of Rs.1,50,000/- was to be paid at the time of recording of the statement of first motion.

¶11

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 02/07/2025 at 09:38:23

¶12

b) A sum of Rs.1,50,000/- was to be paid at the time of recording of the statement of second motion.

¶13

c) A sum of Rs.2,10,000/- was to be paid at the time of quashing of the FIR.

¶14

The Petitioner and Respondent No.2/Complainant are present in Court today. The parties have been identified by their respective Counsels and the Investigating Officer. Respondent No.2/Complainant states that she has received the entire amount and has settled all her disputes with the Petitioner out of her own free will, without pressure, coercion or undue influence. The parties undertake that they will remain bound by the terms of the settlement arrived at between them and the proceedings recorded before this Court

¶15

In view of the settlement arrived at between the parties and also in view of the fact that the instant case is squarely covered by the law laid down by the Apex Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303 , this Court is of the opinion that no useful purpose would be served in continuing with the present proceedings. Resultantly, the FIR No.635/2021 dated 19.09.2021 registered at Police Station Khajuri Khas for the offences punishable under Sections 498A, 406 & 34 IPC read with Section 4 of the Dowry Prohibition Act and the proceedings emanating therefrom are hereby quashed.

¶16

With these observations, the petition is disposed of along with pending application(s), if any.

¶17

SUBRAMONIUM PRASAD, J

¶18

SEPTEMBER 10, 2024 hsk

¶19

This is a digitally signed order.

¶20

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 02/07/2025 at 09:38:23

Vishnudev Sardar v. the State (Nct of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Vishnudev Sardar v. the State (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

Amit Saini Vs the State and Anr.

Sh. Vikas and Ors. Vs State (Gnct of Delhi) and Anr.

Dharampal & Ors. Vs State of NCT of Delhi and Ors.

Vijay Kumar Vs State (N.C.T.) of Delhi & Anr.

Ms. X Vs the State (Nct of Delhi) and Ors.

I Vs State (Nct of Delhi) and Anr.