Allowed¶26

Mahesh Kumar v. State Govt. of NCT of Dlehi and Anr.

Delhi HC20 Jan 2025CRL.M.C./10146/2024

Case brief

AI extract

What is this about?

Delhi High Court single-judge order (Vikas Mahan, J., 20.01.2025) in CRL.M.C. 10146/2024 under Section 528 BNSS 2023 allowing quashing of FIR No.184/2020 (Sections 406/498A/34 IPC, PS Govind Puri) and consequential proceedings upon settlement between former spouses: marriage 01.12.2018, separation September 2019, Settlement dated 12.04.2023 (Counselling Cell, Family Courts, Saket), mutual-consent divorce decree dated 28.02.2024, full payment of Rs.15 lakhs acknowledged (Rs.10 lakhs paid; Rs.5 lakhs balance converted by consent from FDR to insurance policy for the minor child), respondent no.2 and State raising no objection.

What did the court decide?

Quashing of FIR No.184/2020 under Sections 406/498A/34 IPC registered at Police Station Govind Puri and of all other proceedings emanating therefrom. ¶26

Mahesh Kumar Vs State Govt. of NCT of Dlehi and Anr. — Cheating and Forgery | Delhi HC (2025)

What the court decided

AI extract

Outcome

Quashing of FIR No.184/2020 under Sections 406/498A/34 IPC registered at Police Station Govind Puri and of all other proceedings emanating therefrom.

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Issue for consideration

Whether FIR No.184/2020 under Sections 406/498A/34 IPC registered at Police Station Govind Puri, and all consequential proceedings emanating therefrom, should be quashed in view of the settlement arrived at between the parties.

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Court's answer

Since the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings; their continuation would only create further acrimony between them.

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Ratio / Principle

It is in the interest of justice that the present FIR and all other proceedings emanating therefrom be quashed; consequently, the FIR No.184/2020 under Sections 406/498A/34 IPC registered at Police Station Govind Puri, along with all other proceedings emanating therefrom, stands quashed and the petition is allowed.

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Detailed headnote1 paragraphs

Delhi High Court (Vikas Mahajan, J., Order dated 20.01.2025) allowed CRL.M.C. 10146/2024, filed under Section 528 of BNSS, 2023, and quashed FIR No.184/2020 under Sections 406/498A/34 IPC registered at Police Station Govind Puri together with all consequential proceedings, on the ground of a matrimonial settlement. Marriage solemnized 01.12.2018; parties separated since September 2019. During pendency they were referred to the Counselling Cell, Family Courts, Saket, and executed a Settlement dated 12.04.2023, pursuant to which they obtained a mutual-consent decree of divorce dated 28.02.2024. Per the settlement, the petitioner was to pay Rs.15 lakhs towards full and final settlement of all claims of the respondent (streedhan, permanent alimony, dowry articles, maintenance etc.); Rs.10 lakhs stood paid and the balance Rs.5 lakhs, originally payable as FD in the minor child's name, was modified by consent to an insurance policy obtained by the petitioner for the minor child. Respondent no.2, present in Court, acknowledged receipt of the entire Rs.15 lakhs, undertook not to encash the policy prematurely, and raised no objection to quashing; the State (through the learned APP) also had no objection. Holding that continuance of proceedings would serve no useful purpose and would only create further acrimony, and that quashing was in the interest of justice, the Court quashed the FIR and emanating proceedings and disposed of the petition accordingly.

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$~37

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 10146/2024 MAHESH KUMAR .....Petitioner Through: Ms.Aksa Thomas and Mr.Abhishek Pandey, Advs. with petitioner in person.

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versus

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STATE GOVT. OF NCT OF DLEHI AND ANR. .....Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Sandeep Rawat, PS Govindpuri. Mr.Vishal Tiwari, Adv. with R-2.

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CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R % 20.01.2025

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The present petition has been filed under Section 528 of BNSS, 2023 seeking quashing of FIR No.184/2020 under Sections 406/498A/34 IPC registered at Police Station Govind Puri, and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

¶9

Issue notice. The learned APP for the State accepts notice. He 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), as well as, respondent no. 2 (former wife) are present in the Court and they have been identified by their respective counsel and by the Investigating Officer SI Sandeep Rawat, PS

¶11

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 27/01/2025 at 12:37:46

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Govindpuri.

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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 01.12.2018 according to Hindu Rites and Customs. Out of the said wedlock, one male child, namely, Master Jah was born.

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On account of temperamental issues certain disputes arose between the parties and they started living separately since September, 2019. The dispute between the parties also led to the registration of present FIR.

¶16

During the pendency of the proceedings, the parties were referred to Counselling Cell, Family Courts, Saket (South East), Delhi, where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 12.04.2023, which is annexed as Annexure A to the present petition.

¶17

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 28.02.2024, which is annexed as Annexure B to the present petition.

¶18

It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.15 lakhs 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. 10 lakhs has already been paid by the petitioner no.1 to the respondent no.2 in the manner as mentioned in the settlement. So far as the balance amount of Rs.5 laksh is concerned, it was recorded in the settlement that the same shall be payable in the form of FD in the name of the

¶19

This is a digitally signed order.

¶20

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 27/01/2025 at 12:37:46

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minor child. Learned counsel appearing for the parties submit that the term as regard the payment in the form of FDR has been modified. Both the parties have agreed that the petitioner will obtain a policy in the name of the minor child. Accordingly the policy has been obtained, copy of the same has been handed over in Court today and the same is taken on record.

¶22

The receipt of entire amount of Rs.15 lakhs is acknowledged by the respondent no.2, who is present in court. The respondent No.2 further states that the policy which has been provided by the petitioner in the name of the child will not be encashed prematurely and she will not press the same before the minor child attains the age of majority. The statement is taken on record. 10. The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.

¶23

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.

¶24

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.184/2020 under Sections 406/498A/34 IPC registered at Police Station Govind Puri 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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JANUARY 20, 2025 VLD

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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 27/01/2025 at 12:37:46

Mahesh Kumar v. State Govt. of NCT of Dlehi and Anr.

Case brief

What is this about?

What did the court decide?

Mahesh Kumar v. State Govt. of NCT of Dlehi and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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