Allowed

Vibhu @ Vishu Rastogi & Ors. v. State of NCT of Delhi & Anr.

Delhi HC16 Jan 2025CRL.M.C./3773/2024

Case brief

AI extract

What is this about?

Petition under Section 482 CrPC to quash FIR arising from matrimonial dispute after parties settled and obtained mutual consent divorce decree. Complainant affirmed settlement and raised no objection; State had none either. Court quashed the FIR and all consequential proceedings.

What did the court decide?

FIR No.551/2020 and all consequent proceedings quashed

Vibhu @ Vishu Rastogi & Ors. Vs State of NCT of Delhi & Anr. — Dowry and Cruelty | Delhi HC (2025)

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$~72

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 3773/2024 & CRL.M.A. 14437/2024

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VIBHU @ VISHU RASTOGI & ORS. .....Petitioners

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Through: Mr. S.N. Qureshi and Mr. Noorain Ali, Advs. Petitioner no.1 in person. Petitioner no. 2 and 3 (through VC)

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versus

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STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Digam Singh Dagar, APP for State with SI Pankaj Kumar PS Jyoti Nagar Respondent no. 2 in person.

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CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R % 16.01.2025

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The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.551/2020 under Sections 498A/406/34 IPC and Section 3/4 of Dowry Prohibition Act registered at Police Station Jyoti Nagar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

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Notice in the present petition was issued vide order dated 09.08.2024. The learned APP for the State 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

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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 01/07/2025 at 10:04:08

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(former wife) are present in the Court whereas the petitioner nos. 2 and 3 have joined through VC and they have been identified by Investigating Officer SI Pankaj Kumar PS Jyoti Nagar.

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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 11.03.2019 according to Hindu Rites and Customs. Out of the said wedlock, no child was born.

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On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 19.07.2019. The dispute between the parties also led to the registration of present FIR.

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During the pendency of the proceedings, the parties arrived at a settlement.

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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 21.10.2022, which is annexed as Annexure D to the present petition.

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The respondent no.2/complainant, who is present in Court, on a query posed by the Court, affirms the factum of settlement and states that she has no objection in case the FIR is quashed.

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She further submits that nothing remains to be claimed from the present petitioners, the statement is taken on record. 10. 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.551/2020 under Sections 498A/406/34 IPC and Section 3/4 of Dowry Prohibition Act registered at Police Station Jyoti Nagar alongwith all other proceedings emanating therefrom, is quashed.

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The petition alongwith pending application stands disposed of in the above terms.

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VIKAS MAHAJAN, J

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JANUARY 16, 2025 N.S. ASWAL

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Vibhu @ Vishu Rastogi & Ors. v. State of NCT of Delhi & Anr.

Case brief

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Vibhu @ Vishu Rastogi & Ors. v. State of NCT of Delhi & Anr.

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