Quashed

Arvind Kumar Gupta & Ors. v. State NCT of Delhi & Anr.

Delhi HC11 Sept 2024CRL.M.C./7200/2024

Case brief

AI extract

What is this about?

The Delhi High Court quashed an FIR registered under Sections 498-A/406/34 IPC in a matrimonial dispute after confirming an amicable settlement and mutual divorce decree between the spouses.

What did the court decide?

The FIR No. 315/2021 and consequent proceedings arising therefrom were quashed.

What the court decided

Arvind Kumar Gupta & Ors. Vs State NCT of Delhi & Anr. — Matrimonial and Divorce | Delhi HC (2024)

¶1

$~72

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CRL.M.C. 7200/2024, CRL.M.A. 27495/2024

¶4

ARVIND KUMAR GUPTA & ORS. .....Petitioners Through: Mr.Akram Khan, Adv. with petitioner no. 1 in person and petitioner nos. 2 to 5 through V.C.

¶5

versus

¶6

STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Anju, PS Sagarpur. Mr. Javed Mohsin, Adv. for R-2 with R-2 in person.

¶7

CORAM:

¶8

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

¶9

O R D E R % 11.09.2024

¶10

The present petition has been filed on behalf of the petitioners seeking quashing of FIR No. 315/2021 registered under Sections 498-A/406/34 IPC at P.S. Sagarpur, Delhi on the ground that the parties have amicably settled their disputes.

¶11

The present FIR is an outcome of a matrimonial dispute between the complainant/respondent No. 2 (wife) and petitioners wherein, petitioner No. 1 is husband, petitioner Nos. 2 and 3 are parents-in-law, and petitioner Nos. 4 & 5 are brothers-in-law and sister-in-law of the complainant.

¶12

Learned APP for the State submits that in the present case petitioners are the only accused persons and respondent No. 2 is the only complainant/victim. He further states that since the State machinery has

¶13

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 12/09/2024 at 12:14:33

¶14

been put in use, the petitioners be saddled with some costs.

¶15

Learned counsel for the petitioners submits that the parties have settled their disputes before the Delhi Mediation Centre, Patiala House Courts on 29.08.2022. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 22.01.2024 passed by the Principal Judge, Family Court, Patiala House Courts, New Delhi in HMA No. 46/2024. It was agreed that a sum of Rs.8,50,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No. 2 towards her claims qua maintenance, stridhan, alimony, etc, which has already been paid.

¶16

In para 5.2 of the settlement agreement, it is stated that the said amount includes all claims of minor child however today, the petitioner No.1 states that the rights of the minor child, who is in custody of respondent No. 2 shall remain unaffected by the terms of the settlement. The statement is accepted and is taken on record. In acknowledgement of the said statement, petitioner No. 1 and his counsel have signed the order sheet.

¶17

Petitioners No.1 who is present in person in Court and petitioner Nos.2 to 5 who are appearing through V.C. , have been identified by their respective counsels as well as by I.O./ SI Anju, PS Sagarpur.

¶18

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 out 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.

¶19

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

¶20

This is a digitally signed order.

¶21

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 12/09/2024 at 12:14:33

¶22

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

¶23

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.

¶24

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

¶25

MANOJ KUMAR OHRI, J

¶26

SEPTEMBER 11, 2024 akc

¶27

This is a digitally signed order.

¶28

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 12/09/2024 at 12:14:33

Arvind Kumar Gupta & Ors. v. State NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

Arvind Kumar Gupta & Ors. v. 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anil Nanda Vs State & Anr.

Anil Gosain Vs the State of NCT of Delhi & Ors.

Ashu & Ors. Vs State of Nct, Delhi & Anr.

Nazim Choudhry Vs State NCT of Delhi

Shabbeer Gullu & Ors. Vs State Gnctd Concerned SHO Ps Vasant Kunj North & Ors.

Mohd. Anish & Ors. Vs State & Ors.