Disposed

Murli Manohar and Ors. v. NCT of Delhi and Another

Delhi HC11 Sept 2024CRL.M.C./7191/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of two FIRs arising from matrimonial disputes after a mediated settlement and divorce by mutual consent. The court found the settlement fully performed, noted the State's no-objection, and quashed both FIRs and all proceedings emanating therefrom.

What did the court decide?

Both FIRs (No. 123/2019 and No. 519/2020) and all proceedings arising therefrom were quashed; petitions disposed of.

Murli Manohar and Ors. Vs NCT of Delhi and Another — Matrimonial and Divorce | Delhi HC (2024)

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$~49 & 53

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 7191/2024 MURLI MANOHAR AND ORS .....Petitioners

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Through: Mr. K.K. Aggarwal and Ms. Gayatri Aggarwal, Advocates. versus

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NCT OF DELHI AND ANOTHER .....Respondents

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Through: Ms. Shubhi Gupta, APP for the State with ASI Mukesh Kumar, P.S. Subji Mandi.

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- CRL.M.C. 7219/2024 MURLI MANOHAR AND ORS .....Petitioners

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Through: Mr. K.K. Aggarwal and Ms. Gayatri Aggarwal, Advocates.

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versus

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NCT OF DELHI AND ANOTHER .....Respondents

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Through: Mr. Utkarsh, APP for the State. CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 11.09.2024

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CRL.M.A. 27472/2024 (exemption) CRL.M.A. 27557/2024 (exemption)

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Exemptions granted, subject to just exceptions.

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The applications stand disposed-of.

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CRL.M.C. 7191/2024 CRL.M.C. 7219/2024

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By way of CRL.M.C. No. 7191/2024 filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 (‘BNSS’), the parties seek quashing of case FIR No. 123/2019 dated 20.05.2019 registered

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Page 1 of 3

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CRL.M.C. 7191/2024 & Conn.

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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 09:30:11

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under sections 354/506/509/427/34 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Subzi Mandi, Delhi; and by way ofCRL.M.C. No.7219/2024 filed under section 528 BNSS, the parties seek quashing of case FIR No. 519/2020 dated 03.11.2020 registered under sections 498-A/406/34 IPC at P.S.: Alipur, Delhi.

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The petitions are premised on Mediated Settlement dated 09.05.2024 arrived at through mediation before the Delhi Mediation Centre, Tis Hazari Courts, Delhi; and Divorce Decree dated 07.08.2024, 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 petitions are supported by affidavits of the parties, alongwith proof of their I.D.s.

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The contesting parties 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 meditated settlement has been entered into between the parties; and that in full-and-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. 20,51,000/- from petitioner No. 1; out of which Rs. 15,51,000/- was paid earlier and Rs.5,00,000/- has been paid in court today, in compliance of the terms

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Page 2 of 3

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CRL.M.C. 7191/2024 & Conn.

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of the mediated settlement. Respondent No. 2 confirms that all aspects of the settlement have now been performed.

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Ms. Shubhi Gupta, learned APP confirms that the State has no objection to the subject FIRs 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 FIRs 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 FIRs 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. 123/2019 dated 20.05.2019 registered under sections 354/506/509/427/34 IPC at P.S.: Subzi Mandi, Delhi and FIR No. 519/2020 dated 03.11.2020 registered under sections 498A/406/34 IPC at P.S.: Alipur, Delhi are quashed. All proceedings arising therefrom also stand closed.

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