Disposed

Rahul Kumar and Ors. v. the State of NCT of Delhi and Anr.

Delhi HC6 Dec 2024CRL.M.C./9583/2024

Case brief

AI extract

What is this about?

Quashing of a dowry/cruelty FIR following a mediated settlement between husband and wife, payment of the final settlement amount in court, divorce by mutual consent, State no-objection, and complainant's confirmation that all settlement terms were performed; FIR quashed.

What did the court decide?

FIR No.581/2018 dated 16.11.2018 under sections 498-A/406/34 IPC and section 4 DP Act at P.S. Khajuri Khas quashed along with all proceedings arising therefrom; petition disposed.

Rahul Kumar and Ors. Vs the State of NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2024)

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$~65

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 9583/2024 RAHUL KUMAR AND ORS. .....Petitioners Through: Mr. Farahim Khan and Mr. Nasimuddin, Advocates. versus THE STATE OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Sanjeev Sabharwal, APP for the State. Inspector Dinesh Chandra, P.S.: Khajuri Khas. Ms. Priyanka Verma, Advocate for R- 2/Complainant with complainant inperson.

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CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 06.12.2024

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CRL.M.A. 36783/2024 (exemption)

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Exemption granted, subject to just exceptions.

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The application stands disposed-of.

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CRL.M.C. 9583/2024

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By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners seek quashing of case FIR No.581/2018 dated 16.11.2018 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 (‘IPC’) and section 4 of the Dowry Prohibition Act, 1961 at P.S.: Khajuri Khas, Delhi.

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The petition is premised on a Settlement dated 06.12.2023 arrived at through mediation before the Delhi Mediation Centre, Karkardooma Courts, Delhi; and Divorce Decree dated 05.08.2024, which is the

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CRL.M.C. 9583/2024

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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 08:52:47

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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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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 settlement has been signed 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.6,00,000/- from petitioner No.1; out of which Rs.4,00,000/- was paid earlier and Rs.2,00,000/- has been paid in court today, in compliance of the terms of the 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

CRL.M.C. 9583/2024

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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 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.581/2018 dated 16.11.2018 registered under sections 498-A/406/34 of the IPC and section 4 of the Dowry Prohibition Act, 1961 at P.S.: Khajuri Khas, Delhi is quashed. All proceedings arising therefrom also stand closed.

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