Allowed

Sonu Singh Alias Sunny Singh and Ors. v. State through SHO Ps Inderpuri and Anr.

Delhi HC13 Dec 2024CRL.M.C./9808/2024

Case brief

AI extract

What is this about?

Petition to quash an FIR under Sections 498A/406/34 IPC arising from a matrimonial dispute after the parties settled before a mediation centre and obtained divorce by mutual consent. The former wife had no objection; the final settlement payment was made in court.

What did the court decide?

FIR No. 166/2018 under Sections 498A/406/34 IPC at PS Inderpuri and all consequential proceedings quashed.

Sonu Singh Alias Sunny Singh and Ors. Vs State through… — Matrimonial and Divorce | Delhi HC (2024)

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$~61

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 9808/2024

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SONU SINGH ALIAS SUNNY SINGH & ORS. .....Petitioners Through: Mr. Rishikant Mishra and Mr. Nishant Singh, Advocates.

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versus

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STATE THROUGH SHO PS INDERPURI AND ANR.

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.....Respondents

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Through: Mr. Satinder Singh Bawa, APP for the State with SI Vikas, PS Inderpuri Mr. Raajan Aggarwal and Mr. Himanshu, Advocates for R-2.

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CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R % 13.12.2024

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CRL.M.A. 37595/2024 (exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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CRL.M.C. 9808/2024

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The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No. 166/2018 under Sections 498A/406/34 IPC registered at Police Station Inderpuri, 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 counsel appearing on behalf of the respondent no.2 as well as learned APP for the State accept notice.

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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 19/12/2024 at 12:57:22

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The learned APP submits that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.

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The petitioner no.1 (former husband) and the petitioner nos.2 to 4, who are close relatives of petitioner no.1, as well as, respondent no. 2 (former wife) are present in the court and they have been identified by their counsel and by the Investigating Officer, SI Vikas, PS Inderpuri.

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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 11.07.2011 and no child was born out of the said wedlock.

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On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. June 2018. The disputes 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 Delhi Mediation Centre, Patiala House Courts, New Delhi, where they arrived at a settlement, terms whereof have been reduced in writing in the form of Settlement dated 15.02.2024, 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 07.08.2024, a copy of which has been annexed as Annexure-D to the present petition.

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It is also a term of the settlement that the petitioner no.1 shall pay a total sum of Rs.3,50,000/- to the respondent no.2 towards full and final settlement of all her claims on account of streedhan , permanent alimony,

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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 19/12/2024 at 12:57:22

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dowry articles, maintenance (past, present and future) etc.

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Out of the said amount, a sum of Rs.2,00,000/- has already been paid in the manner as mentioned in the settlement. The remaining amount of Rs.1,50,000/is paid to the respondent no.2 today in the court by the petitioner no.1 by way of Demand Draft bearing No.127820 dated 20.09.2024. The receipt of aforesaid DD of Rs.1,50,000/- is acknowledged by the respondent no.2, who is present in court.

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On a query posed by the Court, the respondent no.2 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. 166/2018 under Sections 498A/406/34 IPC registered at Police Station Inderpuri, 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 13, 2024/sc

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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 19/12/2024 at 12:57:22

Sonu Singh Alias Sunny Singh and Ors. v. State through SHO Ps Inderpuri and Anr.

Case brief

What is this about?

What did the court decide?

Sonu Singh Alias Sunny Singh and Ors. v. State through SHO Ps Inderpuri and Anr.

Case brief

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What did the court decide?

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