Allowed

Rajnish Kumar & Ors. v. State NCT of Delhi and Anr.

Delhi HC6 Dec 2024CRL.M.C./9565/2024

Case brief

AI extract

What is this about?

This order quashes FIR No.567/2015 under Sections 498A/406/34 IPC filed in a matrimonial dispute after the parties reached a settlement, obtained a divorce decree, and completed financial payments. The High Court of Delhi held quashing was necessary to avoid further acrimony.

What did the court decide?

FIR No.567/2015 under Sections 498A/406/34 IPC and all consequential proceedings are quashed.

Rajnish Kumar & Ors. Vs State NCT of Delhi and Anr. — Succession and Inheritance | Delhi HC (2024)

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$~39

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 9565/2024 RAJNISH KUMAR & ORS. .....Petitioners Through: Mr. Amitabh Krishan, Adv. with petitioner no. 1 in person Petitioner nos. 2, 3, 4 & 5 through VC

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versus

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STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Harshvardhan PS Farsh Bazar, Delhi Mr. B.K. Mishra, Adv. for R-2 with respondent no. 2 in person.

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CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R 06.12.2024

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The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.567/2015 under Sections 498A/406/34 IPC registered at Police Station Farsh Bazar, Delhi 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 APP for the State, as well as, learned counsel appearing on behalf of the respondent no.2 accepts notice. They submit that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, neither the State nor the respondent no.2 have any

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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 08:41:05

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objection in case the FIR in question is quashed.

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The petitioner no.1 (former husband), as well as, respondent no. 2 (former wife) are present in the Court whereas the other petitioners have joined through video conferencing. All the parties have been identified by their respective counsel and by the Investigating Officer SI Harshvardhan PS Farsh Bazar, Delhi.

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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 29.05.2013 according to Hindu Rites and Ceremonies. Out of the said wedlock, no child was born.

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On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 10.06.2013. 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 mediation, where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 28.05.2024, which is annexed as Annexure C 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 07.10.2024, which is annexed as Annexure D 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.9,00,000/- 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. Out of the said amount, a sum of Rs. 5,75,000/- has already been paid by the petitioner no.1

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to the respondent no.2 in the manner as mentioned in the settlement. The remaining amount of Rs.3,25,000/- has been paid to the respondent no.2 today in the court by the petitioner no.1 by way of Demand Draft bearing No.464572 dated 02.12.2024 issued by State Bank of India, New Delhi Main Branch.

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The receipt of entire amount of Rs.9,00,000/- is acknowledged by the 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.567/2015 under Sections 498A/406/34 IPC registered at Police Station Farsh Bazar, Delhi 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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DECEMBER 6, 2024 N.S.ASWAL

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Rajnish Kumar & Ors. v. State NCT of Delhi and Anr.

Case brief

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Rajnish Kumar & Ors. v. State NCT of Delhi and Anr.

Case brief

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