Disposed

Yogesh Verma & Ors. v. State Govt. of NCT of Delhi and Ors.

Delhi HC7 Jan 2025CRL.M.C./10/2025

Case brief

AI extract

What is this about?

Petition under Section 482 CrPC to quash an FIR under Sections 498-A/406/34 IPC. Parties settled before the Family Court with payment of Rs. 1.2 lakhs; respondent consented. The court quashed the FIR and consequential proceedings, preserving children's rights per Ganesh v. Sudhir Kumar Shrivastava.

What did the court decide?

FIR No. 427/2021 registered at PS Dayal Pur under Sections 498-A/406/34 IPC and all consequential proceedings quashed.

Yogesh Verma & Ors. Vs State Govt. of NCT of Delhi and Ors. — Dowry and Cruelty | Delhi HC (2025)

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$~45

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 10/2025

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YOGESH VERMA & ORS. .....Petitioner

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Through: Mr. M. Mukul, Ms. Tripti Saxena, Mr. Mukesh Kumar, Adv.

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Versus

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STATE GOVT. OF NCT OF DELHI AND ORS. .....Respondent Through: Ms. Priyanka Dalal, APP ASI S. Kumar Tyagi,PS Dayalpur Mr. Sanjay Soni, Adv. for R2

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

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O R D E R % 07.01.2025

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This is a petition filed under Section 482 of Code of Criminal Procedure, 1973 seeking quashing of FIR No. 427/2021, dated 03.09.2021, registered at PS Dayal Pur under Sections 498-A/406/34 of IPC, 1860 and all consequential proceedings emanating therefrom, if any.

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During the pendency of the proceedings, the parties have arrived at a settlement on 31.01.2024 before the learned Principal Judge, Family Court, Karkardooma, whereby the petitioner No. 1 agreed to pay a total sum of Rs. 1.2 lakhs to respondent No. 2 as full and final settlement.

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Out of the total amount of Rs 1.2 lakhs, a sum of Rs 80,000/- has already been paid and the balance sum of Rs. 40,000/- is being paid today in Court by way of Demand Draft No. 000612, dated 14.11.2024 drawn on AU

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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 24/01/2025 at 13:02:08

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Small Finance Bank, Yamuna Vihar, Delhi.

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The petitioner no. 1, namely, Mr. Yogesh is present in Court and has been identified by his counsel, Mr. M. Mukul, Adv. 5. Respondent No. 2, namely, Ms Bharti Soni is also present in Court and has been identified by her counsel, Mr. Sanjay Soni and Mr. Kamlesh Sharma, Advs.

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Both parties state that they have entered into the aforesaid settlement out of their own free will, volition and without any threat, force, undue influence or coercion. It is stated by respondent No. 2 that she has no objection if the FIR is quashed.

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Further, there are two minor children born out of the wedlock in care and custody of petitioner. It is directed that in view of the judgment Ganesh v. Sudhir Kumar Shrivastava [(2020) 20 SCC 787], the settlement executed between the petitioner no. 1 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 his parents.

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Since the parties have arrived at a settlement and no disputes are pending, 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 are permitted to be prosecuted any further.

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In this view of the matter, FIR No. 427/2021, dated 03.09.2021, registered at PS Dayal Pur under Sections 498-A/406/34 of IPC, 1860 and all consequential proceedings emanating therefrom, if any 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 24/01/2025 at 13:02:08

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The petition is disposed of accordingly.

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JASMEET SINGH, J

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JANUARY 7, 2025/sp

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Click here to check corrigendum, if any

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Yogesh Verma & Ors. v. State Govt. of NCT of Delhi and Ors.

Case brief

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Yogesh Verma & Ors. v. State Govt. of NCT of Delhi and Ors.

Case brief

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