Quashed

Dr Varun Mehta & Ors. v. State of NCT of Delhi and Anr.

Delhi HC10 Sept 2024CRL.M.C./7160/2024

Case brief

AI extract

What is this about?

The High Court quashed an FIR registered under sections 498-A/406/34 IPC following a mutual divorce and full settlement between the parties, relying on Supreme Court precedents.

What did the court decide?

FIR No. 0419/2022 quashed; all proceedings closed.

What the court decided

Dr Varun Mehta & Ors. Vs State of NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2024)

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$~54

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 7160/2024

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DR VARUN MEHTA & ORS. .....Petitioners

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Through: Ms. Nutan Sinha and Mr. Aakash Sachdeva, Advocates with petitioners in-person.

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versus

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STATE OF NCT OF DELHI AND ANR. .....Respondents Through: Ms. Shubhi Gupta, APP for the State. I.O., PS: Pandav Nagar. R2 in-person.

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CORAM:

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

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CRL.M.A. 27338/2024 (exemption)

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Exemption granted, subject to just exceptions.

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Let requisite compliances be made within 01 week.

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The application stands disposed-of.

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CRL.M.C. 7160/2024

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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 former in-laws of the complainant/respondent No. 2, seek quashing of case FIR No. 0419/2022 dated 05.06.2022 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 at P.S.: Pandav Nagar, Delhi (‘subject FIR’).

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CRL.M.C. 7160/2024

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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 02/07/2025 at 09:40:08

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The petition is premised on Memorandum of Understanding dated 18.01.2024 (‘MoU’) arrived at by counselling before the Counsellor, Family Court, Karkardooma District Courts, New Delhi; and Divorce Decree dated 21.08.2024, 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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The petitioners as well as respondent No. 2 are present in court. Their credentials have 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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No appeal is stated to have been filed from the divorce decree.

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The court has queried respondent No. 2, who confirms that she has taken divorce by mutual consent; and that a MoU has been entered into between petitioner No.1 and respondent No.2; and that in fulland-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. 19,50,000/from petitioner No. 1; out of which Rs. 14,23,513 /- was paid earlier including the amount received from the ICICI Prudential Signature Policy bearing No. 30961025 and Rs. 5,26,487/- has been paid in court today, in compliance of the terms of the MoU. Respondent No. 2 confirms that all aspects of the MoU have now been performed.

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

CRL.M.C. 7160/2024

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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. 0419/2022 dated 05.06.2022 registered under sections 498-A/406/34 IPC at P.S.: Pandav Nagar, Delhi is quashed. All proceedings arising therefrom also stand closed.

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