Allowed

Praveen Kumar & Ors. v. State NCT of Delhi through SHO & Anr.

Delhi HC9 Oct 2024CRL.M.C./7989/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR under domestic violence sections via writ petition invoking Section 528 BNSS, citing mutual divorce and mediated settlement.

What did the court decide?

FIR No. 412/2020 registered under sections 498-A/406/34 IPC is quashed. All proceedings arising therefrom stand closed. Pending applications disposed of.

Praveen Kumar & Ors. Vs State NCT of Delhi through SHO & Anr. — Domestic Violence | Delhi HC (2024)

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$~60

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 7989/2024

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PRAVEEN KUMAR & ORS. .....Petitioners Through: Ms. Nikita Shamra, Advocate with petitioners in court.

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versus

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STATE NCT OF DELHI THROUGH SHO & ANR. .....Respondents Through: Mr. Sanjeev Sabharwal, APP for the State with SI Satish Kumar and W/SI Jyoti, P.S.: Kanjhawala. Ms. Garima Bharadwaj and Ms. Archana Gaur, Advocates for R-2 with R-2 in court.

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CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 09.10.2024

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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. 412/2020 dated 18.11.2020 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Kanjhawala, Delhi.

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The petition is premised on Mediated Settlement dated 12.03.2024 arrived at through mediation before the Delhi Mediation Centre, Rohini District Courts, Delhi; and Divorce Decree dated 22.07.2024, 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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CRL.M.C. 7989/2024

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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 08:57:07

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

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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 their respective counsel.

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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 mediated 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. 4,25,000/- from petitioner No. 1; out of which Rs. 2,80,000/- was paid earlier and Rs.1,45,000/- has been paid in court today, in compliance of the terms of the mediated settlement. Respondent No. 2 confirms that all aspects of the settlement have now been performed.

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Mr. Sanjeev Sabharwal, 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

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CRL.M.C. 7989/2024

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. 412/2020 dated 18.11.2020 registered under sections 498-A/406/34 IPC at P.S.: Kanjhawala, Delhi is quashed. All proceedings arising therefrom also stand closed.

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