Allowed

Sumit Verma @ Sumit Kumar & Ors. v. State of NCT of Delhi and Anr.

Delhi HC4 Oct 2024CRL.M.C./7460/2024

Case brief

AI extract

What is this about?

Delhi High Court quashed an FIR registered under Sections 498A, 406, 506, and 34 IPC following an amicable settlement and mutual divorce decree, finding no legal impediment and noting the resolution was voluntary.

What did the court decide?

FIR bearing no. 194/2017 and all consequential proceedings emanating therefrom are quashed.

Sumit Verma @ Sumit Kumar & Ors. Vs State of NCT of Delhi… — Domestic Violence | Delhi HC (2024)

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$~35

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 7460/2024

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SUMIT VERMA @ SUMIT KUMAR & ORS. .....Petitioners

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Through: Mr. R.P.S. Tomer, Mr. Pradeep Khokhar and Ms. Versha Tomer, Advocates

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versus

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STATE OF NCT OF DELHI AND ANR. .....Respondents Through: Ms. Kiran Bairwa, APP for the State with SI Vikas Kumar, P.S. Krishna Nagar. Mr. Adarsh Kumar, Advocate for Complainant/R-2.

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CORAM:

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HON’BLE MS. JUSTICE SWARANA KANTA SHARMA

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O R D E R

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% 04.10.2024

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CRL.M.A. 28478/2024 (for exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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CRL.M.C. 7460/2024

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The instant petition under Section 482 of the Code of Criminal Procedure, 1973 ( ‘Cr.P.C.’ ) has been filed on behalf of petitioners seeking quashing of FIR bearing no. 194/2017, registered at Police Station Krishna Nagar, Delhi for offences punishable under Sections 498A/406/506/34 of the Indian Penal Code, 1860 („IPC‟), and all consequential proceedings emanating therefrom.

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Issue notice. Ms. Kiran Bairwa, learned APP accepts notice on behalf of the State.

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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 09/10/2024 at 16:38:00

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All the petitioners are present before this Court and have been identified by their counsel Mr. R.P.S. Tomer and Investigating Officer (IO) SI Vikas Kumar from Police Station Krishna Nagar, Delhi.

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Brief facts of the case are that on 19.01.2012, the petitioner no. 1 and respondent no. 2 had got married in Delhi. It is stated that the parties had started living together after marriage. However, due to some incompatibility differences, the parties had started living separately since 2014. On the complaint of respondent no. 2, the present FIR got registered at Police Station Krishna Nagar, Delhi for the offences punishable under Sections 498A/406/506/34 against the petitioners. On 08.08.2023, the petitioner no. 1 and respondent no. 2 have amicably settled all their claims and disputes, vide settlement deed dated 08.08.2023. On 15.12.2023, it is stated that marriage of the petitioner no. 1 and respondent no. 2 had been dissolved by a decree of divorce by mutual consent, and since there is no dispute left between the petitioners and respondent no. 2, the present petition for quashing of FIR is filed.

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On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties vide Settlement Deed dated 08.08.2023 entered into between them.

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It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner no.1 and other family members.

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The petitioner no. 1 has paid a sum of Rs. 1,50,000/- in three installments in the following manner:

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a. First installment of Rs.50,000/- deposited paid to respondent no. 2 in the first motion petition.

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b. Second installment of Rs.50,000/- paid to respondent no. 2 at the time of second motion petition.

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c. Third/Final instalment of Rs.50,000/- to be paid at the time of quashing of the FIR before the Hon‟ble High Court at New Delhi.

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Today, the complainant who is present in Court states that she has received the last and final instalment of Rs.50,000/- today, i.e., 04.10.2024 vide DD No. 984378 drawn on Union Bank, Chander Nagar, Delhi and has no objection if the FIR is quashed.

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In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

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Accordingly, FIR bearing no. 194/2017, registered at Police Station Krishna Nagar, Delhi for offences punishable under Sections 498A/406/506/34 of IPC and all consequential proceedings emanating therefrom are quashed.

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The petition stands disposed of.

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The order be uploaded on the website forthwith.

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SWARANA KANTA SHARMA, J

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OCTOBER 4, 2024/zp

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Click here to check corrigendum, if any

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Sumit Verma @ Sumit Kumar & Ors. v. State of NCT of Delhi and Anr.

Case brief

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Sumit Verma @ Sumit Kumar & Ors. v. State of NCT of Delhi and Anr.

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