Allowed

Sh. Gagan Sharma & Ors. v. State NCT of Delhi and Anr.

Delhi HC6 Dec 2024CRL.M.C./9593/2024

Case brief

AI extract

What is this about?

In a criminal miscellaneous application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court quashed an FIR registered under IPC sections 498-A, 406, and 34. The decision was based on a mutual consent divorce decree and a mediated settlement where all claims were settled and paid.

What did the court decide?

FIR No. 18/2020 registered under IPC sections 498-A/406/34 is quashed. All proceedings arising therefrom are closed.

Sh. Gagan Sharma & Ors. Vs State NCT of Delhi and Anr. — Matrimonial and Divorce | Delhi HC (2024)

¶1

$~68

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CRL.M.C. 9593/2024

¶4

SH. GAGAN SHARMA & ORS. .....Petitioners Through: Mr. Pankaj Buragohain, Advocate.

¶5

versus

¶6

STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Sanjeev Sabharwal, APP for the State. SI Radha Sharma, P.S.: CWC, Nanak Pura, New Delhi. Mr. M. Khan, Advocate for R-2.

¶7

CORAM:

¶8

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

¶9

CRL.M.A. 36813/2024 (exemption)

¶10

Exemption granted, subject to just exceptions.

¶11

The application stands disposed-of.

¶12

CRL.M.C. 9593/2024

¶13

By way of the present petition filed under section 528 of the Code of Bharatiya Nagarik Suraksha Sanhita 2023, the petitioners seek quashing of case FIR No.18/2020 dated 05.10.2020 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Crime (Women) Cell Nanak Pura, Delhi. Consequent upon completion of investigation, charge-sheet dated 24.01.2022 has been filed in the matter.

¶14

The petition is premised on Settlement dated 16.05.2024 arrived at through mediation before the Delhi Mediation Centre, Karkardooma Courts, Delhi; and Divorce Decree dated 07.10.2024, which is the culmination of petitions under sections 13B(1) and 13B(2) of the

¶15

CRL.M.C. 9593/2024

¶16

Page 1 of 3

¶17

This is a digitally signed order.

¶18

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 18/12/2024 at 11:37:54

¶19

Hindu Marriage Act 1955, whereby the parties had sought dissolution of their marriage by mutual consent.

¶20

The petition is supported by affidavits of the petitioners, as also of respondent No.2, alongwith proof of their IDs.

¶21

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.

¶22

The parties have confirmed that one child, viz. Jivyansh Sharma, was born from the wed-lock, who is minor as of date.

¶23

No appeal is stated to have been filed from the divorce decree.

¶24

The court has queried respondent No.2, who confirms that she has taken divorce by mutual consent; and that a mediated settlement has been entered into 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.10,50,000/- from petitioner No.1; out of which Rs.7,00,000/- was paid earlier and Rs.3,50,000/- 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.

¶25

Mr. Sanjeev Sabharwal, learned APP confirms that the State has no objection to the subject FIR being quashed.

¶26

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

¶27

CRL.M.C. 9593/2024

¶28

Page 2 of 3

¶29

This is a digitally signed order.

¶30

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 18/12/2024 at 11:37:54

¶31

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.

¶32

Accordingly, FIR No.18/2020 dated 05.10.2020 registered under sections 498-A/406/34 of the IPC at P.S.: Crime (Women) Cell Nanak Pura, Delhi is quashed. All proceedings arising therefrom also stand closed.

¶33

Though the settlement deed records that the minor child shall remain in the custody of respondent No.2 and petitioner No.1 shall have no visitation rights, it is made clear that nothing in this settlement agreement would affect the right of the minor child to meet his father, if and when he so desires, subject to the logistical convenience of the parties.

¶34

Needless to add that the settlement between the parties leading to the closure of all criminal proceedings by way of the present order will in no way affect the property rights and other rights of the minor child, namely Jivyansh Sharma vis-à-vis his father, as may be available under law, in any manner whatsoever.

¶35

Petition stands disposed-of.

¶36

Pending applications, if any, also stand disposed-of.

¶37

ANUP JAIRAM BHAMBHANI, J

¶38

DECEMBER 6, 2024/ ak

¶39

CRL.M.C. 9593/2024

¶40

Page 3 of 3

¶41

This is a digitally signed order. CRL.M.C. 9593/2024 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 18/12/2024 at 11:37:54

Sh. Gagan Sharma & Ors. v. State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Sh. Gagan Sharma & Ors. v. State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anuj Mittal Vs State (Govt. of Nct. of Delhi and Anr.

Kuldeep and Ors. Vs State NCT of Delhi and Anr.

Sukhdev Dhawan Vs Smt Pratima Neol Dass @ Pratima Joseph

Sahil (in Jc) Vs State of NCT of Delhi & Anr.

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

Vishwas Raj @ Vimcy Vs State Govt. of NCT of Delhi