Allowed

Varun Nirala and Ors. v. the State and Anr.

Delhi HC13 Mar 2024W.P.(CRL)/839/2024

Case brief

AI extract

What is this about?

Writ petition seeking quashing of a matrimonial-dispute FIR after the parties settled through mediation, obtained divorce by mutual consent, and completed payment of full and final settlement. The Court quashed the FIR and all consequential proceedings as continuing them served no useful purpose.

What did the court decide?

FIR No. 617/2021 under Sections 498-A/406/34 IPC, PS Welcome, and all consequential proceedings quashed.

Varun Nirala and Ors. Vs the State and Anr. — Dowry and Cruelty | Delhi HC (2024)

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$~73

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 839/2024

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VARUN NIRALA AND ORS. ..... Petitioners Through: Mr. Pragya P. Singh & Ms. Harshita Goel, Advs. along with Petitioner No. 1 in person.

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versus THE STATE AND ANR. ..... Respondents Through: Mr. Sanjay Lao, Standing Counsel for the State along with Mr. Priyam Aggarwal, Adv. with SI Manish Sagar, PS Welcome.

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CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R % 13.03.2024

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The present petition has been filed under Article 226 of Constitution of India read with Section 482 of CrPC seeking quashing of FIR No. 617/2021 under Sections 498-A/406/34 IPC registered at Police Station Welcome and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

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Issue notice. The learned Standing Counsel for the State accepts notice. He submits that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.

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This is a digitally signed order.

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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 18/03/2024 at 15:43:16

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The petitioner no.1 (former husband), as well as, respondent no. 2 (former wife) are present in the Court and they have been identified by their respective counsel and by the Investigating Officer SI Manish.

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The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 11.12.2020 according to Hindu Rites and Customs.

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On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 20.03.2021. The dispute between the parties also led to the registration of present FIR.

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During the pendency of the proceedings, the parties were referred to Delhi Mediation Centre, Karkardooma Courts, Delhi where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 08.06.2023, which is annexed as Annexure P-2 to the present petition.

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In terms of the said settlement, the parties decided to dissolve their marriage by filing a petition for divorce by way of mutual consent. Accordingly, the petitioner no.1 and respondent no.2 have obtained a decree of divorce dated 30.01.2024, which is annexed as Annexure P-3 to the present petition.

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It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs. 2,75,000/- to the respondent no.2 towards full and final settlement of all her claims on account of streedhan , permanent alimony, dowry articles, maintenance (past, present and future) etc. The entire amount of Rs. 2,75,000/- has already been paid by the petitioner no.1 to the respondent no.2 in the manner as mentioned in the settlement.

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The receipt of entire amount of Rs.2,75,000/- is acknowledged by the

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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 18/03/2024 at 15:43:16

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respondent no.2, who is present in court.

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The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.

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In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

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It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

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Consequently, the petition is allowed and the FIR No. 617/2021 under Sections 498-A/406/34 IPC registered at Police Station Welcome alongwith all other proceedings emanating therefrom, is quashed.

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The petition stands disposed of in the above terms.

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Order be uploaded on the website of this court.

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VIKAS MAHAJAN, J

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MARCH 13, 2024

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This is a digitally signed order.

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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 18/03/2024 at 15:43:16

Varun Nirala and Ors. v. the State and Anr.

Case brief

What is this about?

What did the court decide?

Varun Nirala and Ors. v. the State and Anr.

Case brief

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What did the court decide?

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