Disposed

Vishal Gupta & Ors. v. the State Govt. of NCT of Delhi Delhi & Anr.

Delhi HC5 Feb 2024CRL.M.C./870/2024

Case brief

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What is this about?

Husband and in-laws sought quashing of a 498-A/406/34 IPC FIR after settling matrimonial disputes. Following divorce by mutual consent and payment of full settlement amount acknowledged by the complainant-wife without coercion, the Delhi High Court quashed the FIR and consequent proceedings.

What did the court decide?

FIR No. 420/2022 and consequent proceedings quashed subject to encashment of demand draft of Rs.3,00,000/-; petition disposed of.

Vishal Gupta & Ors. Vs the State Govt. of NCT of Delhi… — Matrimonial and Divorce | Delhi HC (2024)

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$~95

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 870/2024, CRL.M.A. 3489/2024

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VISHAL GUPTA & ORS. ..... Petitioners Through: Mr. K. Kaushik and Mr. Hamid Ali, Advocates with petitioners in person. versus

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THE STATE GOVT. OF NCT OF DELHI DELHI & ANR. ..... Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI B.R. Meena, P.S. Aman Vihar. Mr. Anirudh Aggarwal and Mr. Pradeep Sharma, Advocates for respondent No.2 with respondent No.2 in person.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 05.02.2024

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The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 420/2022 registered under Sections 498-A/406/34 IPC at P.S. Aman Vihar, Delhi on the ground that the parties have amicably settled their disputes.

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

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Mr. Jha, learned APP for the State submits that in the present case petitioners are the only accused persons and respondent No. 2 is the complainant/victim.

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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 07:41:57

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Learned counsel for the petitioners submits that the parties have settled their disputes vide Memorandum of Settlement dated 25.02.2023. In terms of the settlement, the parties have already been granted divorce by mutual consent vide divorce decree dated 04.12.2023 passed by the Family Court, North West, Rohini, Delhi in HMA No. 3220/2023. It was agreed that a sum of Rs.8,00,000/- as full and final settlement shall be paid by petitioner No. 1 to respondent No. 2 towards her claims qua maintenance, stridhan, alimony, etc. It is further submitted that out of the total settled amount, a sum of Rs.5,00,000/- has already been paid and remaining balance amount of Rs.3,00,000/- is being paid today through a demand draft, a photocopy of which has been placed on record.

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Petitioners and respondent No.2, who are present in Court, have been identified by their respective counsel as well as by I.O./SI B.R. Meena, P.S. Aman Vihar.

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Respondent No. 2 states that she has settled her disputes with petitioner No.1 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 subject to encashment of the demand draft of Rs.3,00,000/- handed over to her today.

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

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

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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

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quashed, subject to encashment of aforesaid demand draft of Rs.3 lacs. 10. With the above directions, the petition is disposed of alongwith miscellaneous applications.

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MANOJ KUMAR OHRI, J

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FEBRUARY 5, 2024 ga

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Vishal Gupta & Ors. v. the State Govt. of NCT of Delhi Delhi & Anr.

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Vishal Gupta & Ors. v. the State Govt. of NCT of Delhi Delhi & Anr.

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