Allowed

Mr Ayush Arora & Ors. v. State of National Capital & Anr.

Delhi HC3 Dec 2024CRL.M.C./9472/2024

Case brief

AI extract

What is this about?

The Delhi High Court quashed an FIR registered under Sections 498A, 406, and 34 of the IPC. The court held that since the parties arrived at a voluntary settlement, no useful purpose would be served in continuing prosecution, bringing about peace and securing ends of justice.

What did the court decide?

FIR No. 0754/2023 filed under Sections 498A, 406, and 34 of the IPC and all consequential proceedings were quashed.

Mr Ayush Arora & Ors. Vs State of National Capital… — Matrimonial and Divorce | Delhi HC (2024)

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$~107

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 9472/2024

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MR AYUSH ARORA & ORS. .....Petitioners

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Through: Mr. Ajay Malhotra, Mr. Angad Singh Khanna, Advs.

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versus

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STATE OF NATIONAL CAPITAL & ANR. .....Respondents Through: Mr. Sunil Kumar Gautam, APP with SI Pardeep Kumar, PS Rajouri Garden Mr. Anuj Garg, Adv.

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

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O R D E R

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% 03.12.2024

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CRL.M.A. 36346/2024

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Exemption allowed, subject to all just exceptions.

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The application is disposed of.

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CRL.M.C. 9472/2024

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This is a petition seeking quashing of FIR No. 0754/2023 dated 29.09.2023 filed u/s 498A/406/ 34 of IPC registered at PS Rajouri Garden.

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As per the FIR, there are allegations of cruelty, dowry demand and usurping stridhan of the complainant.

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The parties have arrived at a settlement on 05.03.2024, wherein the petitioner is to pay a sum of Rs. 75 lakhs to respondent No. 2. Rs. 50 lakhs

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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 10/12/2024 at 10:56:57

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has already been given to the respondent and the remaining sum of Rs. 25 lakhs is paid today vide DD No. 102132 dated 12.11.2024 drawn on Bank of Baroda.

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Parties state that they have arrived at the settlement out of their own free will without any threat, pressure, coercion or undue influence.

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Petitioner is present in court and is identified by Mr. Ajay Malhotra, Adv. Respondent No. 2 is present through VC and is identified by Mr. Anuj Garg, Adv. and IO SI Pardeep Kumar, PS Rajouri Garden.

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I am of the opinion that no useful purpose would be served in prosecuting the FIR any further on the ground that the parties have arrived at a voluntary settlement and settled their disputes.

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I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. The Court does not see any fruitful purpose if criminal proceedings as permitted to continue any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings.

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There is a minor child aged 4 years, who is in the care and custody of respondent No. 2. It is directed that in view of the judgment Ganesh v. Sudhir Kumar Shrivastava [(2020) 20 SCC 787], the settlement executed between the petitioners and respondent No. 2, and this order shall have no effect on the rights of child of the parties, who shall be free to avail all legal rights and remedies towards inheritance, maintenance, education, marriage expenses etc. against either of her parents.

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In this view of the matter, FIR No. 0754/2023 dated 29.09.2023 filed u/s 498A/406/ 34 of IPC registered at PS Rajouri Garden and consequential proceedings arising therefrom are hereby 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 10/12/2024 at 10:56:57

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The petition is disposed of.

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JASMEET SINGH, J

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DECEMBER 3, 2024/DM Click here to check corrigendum, if any

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Mr Ayush Arora & Ors. v. State of National Capital & Anr.

Case brief

What is this about?

What did the court decide?

Mr Ayush Arora & Ors. v. State of National Capital & Anr.

Case brief

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