Quashed

Noor Mohd & Ors. v. the State of NCT of Delhi & Anr.

Delhi HC10 Sept 2024CRL.M.C./7159/2024

Case brief

AI extract

What is this about?

The Delhi High Court quashed an FIR under Sections 498-A IPC, 406 IPC, 34 IPC, and Section 4 Dowry Prohibition Act, finding no reason to continue proceedings given the parties' settlement agreement, mutual consent divorce, and the State's consent.

What did the court decide?

FIR No. 0590/2016 registered under Sections 498-A/406/34 IPC and Section 4 Dowry Prohibition Act, and all arising proceedings, were quashed and closed.

Noor Mohd & Ors. Vs the State of NCT of Delhi & Anr. — Dowry and Cruelty | Delhi HC (2024)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 7159/2024

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NOOR MOHD & ORS. .....Petitioners Through: Counsel (appearance not given). P-1, P-3 to P-7 in-person. P-2 via video-conferencing.

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versus

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THE STATE OF NCT OF DELHI & ANR. .....Respondents Through: Ms. Shubhi Gupta, APP for the State with PSI Shivani Bisht, P.S.: Khajuri Khas. R-2 in-person.

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CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 10.09.2024

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CRL.M.A. No.27331/2024 & 27332/2024_(exemptions)

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Exemptions granted, subject to just exceptions.

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Let requisite compliances be made within 01 week.

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The applications stand disposed of.

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CRL.M.C. 7159/2024

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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. 0590/2016 dated 10.08.2016 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 (‘IPC’) and section 4 of Dowry Prohibition Act, 1961 (‘Dowry Prohibition Act’) at P.S.: Khajuri Khas, Delhi (‘subject FIR’).

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CRL.M.C. 7159/2024

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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 30/09/2024 at 11:53:48

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The petition is premised on Settlement Agreement dated 02.12.2023 (‘settlement agreement’); and Mutual Consent Divorce Agreement ( Ikrarnama) dated 02.12.2023 (‘divorce agreement’) signed between petitioner No.1 and respondent No.2 in accordance with applicable personal law.

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

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The petitioners and respondent No. 2 are present in court, except for petitioner No.2 who appears via video-conferencing since she is stated to have undergone surgery recently and has been advised bedrest. The credentials of the parties been verified and they have also been identified by the Investigating Officer.

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The parties have confirmed that no child was born from the wed-lock.

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The court has queried respondent No. 2, who confirms that a settlement agreement has been entered into between petitioner No.1 and respondent No.2; and that all her claims including towards maintenance (past, present and future), dowry articles, jewellery, permanent alimony, etc. stand settled. As narrated in the divorce agreement, petitioner No.1 is stated to have given talaq to respondent No.2 by pronouncing the word on 03 separate occasions on 02.10.2023, 02.11.2023 and 02.12.2023. Respondent No.2 has also confirmed that she has received the amount of meher , which was settled at Rs.50,000/-. Respondent No. 2 confirms that all aspects of the settlement have now been performed.

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Both respondent No.2 and petitioner No.1 are stated to have contracted nikah with other persons subsequently.

CRL.M.C. 7159/2024

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Ms. Shubhi Gupta, learned APP confirms that the State has no objection to the subject FIR being quashed.

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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. 0590/2016 dated 10.08.2016 registered under sections 498-A/406/34 IPC and section 4 Dowry Prohibition Act at P.S.: Khajuri Khas, Delhi is quashed. All proceedings arising therefrom also stand closed.

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