Ravi Sharma @ Raj & Ors. Vs State Govt. of NCT of Delhi and… — Dowry and Cruelty | Delhi HC (2025)

Ravi Sharma @ Raj & Ors. Vs State Govt. of NCT of Delhi and… — Dowry and Cruelty | Delhi HC (2025)

What the court decided

AI extract

Outcome

Quashing of FIR No. 221/2022 (Sections 406, 498A and 34 IPC, 1860; Section 4 Dowry Prohibition Act, 1961) registered at P.S. Gokulpuri, Delhi, and all proceedings emanating therefrom, qua the Petitioner(s); parties directed to abide by the settlement terms; petition disposed of and consigned to records; pending applications disposed of as infructuous.

Issue for consideration

Whether FIR No. 221/2022 registered at P.S. Gokulpuri, Delhi (under Sections 406, 498A and 34 of the Indian Penal Code, 1860 and Section 4 of the Dowry Prohibition Act, 1961) and the proceedings emanating therefrom should be quashed qua the Petitioners in view of the settlement agreement dated 09.02.2024.

Court's answer

With the settlement between the parties in place and complied with, and the chances of conviction of the Petitioner(s) being remote and bleak, there was no use in continuing with the proceedings of the present FIR.

Ratio / Principle

Continuing with the proceedings of the present FIR would be a misuse of the process of the Court and an unnecessary burden on the State exchequer.

Key takeaways

The petition was allowed and FIR No. 221/2022, registered at P.S. Gokulpuri, Delhi under Sections 406, 498A and 34 of the Indian Penal Code, 1860 and Section 4 of the Dowry Prohibition Act, 1961, together with all proceedings emanating therefrom, stands quashed.ratio¶24
The quashing of the FIR and the proceedings emanating therefrom operates qua the Petitioner(s).ratio¶24
The parties shall abide by the terms of the settlement.ratio

Detailed headnote1 paragraphs

W.P.(CRL) 3893/2024 (High Court of Delhi, Harish Vaidyanathan Shankar, J., order dated 20.01.2025) — allowed; FIR quashed on settlement. FIR No. 221/2022, registered at P.S. Gokulpuri, Delhi under Sections 406, 498A and 34 of the Indian Penal Code, 1860 and Section 4 of the Dowry Prohibition Act, 1961, and all proceedings emanating therefrom, were quashed qua the petitioners (Ravi Sharma @ Raj & Ors.). Basis: the parties had settled their differences vide settlement agreement dated 09.02.2024, the terms whereof were admitted by both sides; the parties were identified by the Investigating Officer; and the final amount of Rs. 50,000/- under Clause 9(vi) of the agreement was discharged by DD No. 325229. Finding the chances of conviction of the petitioner(s) to be remote and bleak, the Court held that continuance of the FIR would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Parties were directed to abide by the settlement terms; the petition was disposed of and consigned to records, pending applications being disposed of as infructuous.

$~18

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 3893/2024

RAVI SHARMA @ RAJ & ORS. .....Petitioners

Through: Mr. Sanyam Tandon and Mr. Sanjeev Kumar, Advs.

versus

STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Anand V. Khatri, ASC for the State with SI Arvind Verma, PS- Gokalpuri.

CORAM:

HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 20.01.2025

CRL.M.A. 37573/2024 (Ex.)

Allowed, subject to all just exceptions.

The application shall stand disposed of.

W.P.(CRL) 3893/2024

The parties herein have, vide settlement agreement dated 09.02.2024, settled their differences. The terms of the settlement agreement are admitted by both parties and are not being reproduced herein for the sake of brevity.

The parties have been duly identified by the Investigating Officer (I.O.).

Clause 9 (vi) of the Agreement records that a final amount of Rs. 50,000/- will be paid by way of DD/RTGS/NEFT at the time of quashing of FIR before the Hon‟ble High Court against the person

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 27/01/2025 at 12:12:26

named in the FIR.

In terms of the same, the counsel for the Petitioner has handed over DD bearing No. 325229 thereby discharging all their obligations qua payment of amounts as settled between the parties.

The parties are present in person and state that all the terms and conditions of the agreement arrived between the parties stand complied with. 6. Considering the above settlement between the parties and the chances of conviction of the Petitioner(s) being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer.

Accordingly, the petition is allowed. Consequently, the FIR No. 221/2022 under Sections 406, 498A and 34 of Indian Penal Code, 1860 & Section 4 Dowry Prohibition Act, 1961 registered at P.S. Gokulpuri, Delhi and proceedings emanating therefrom, are quashed, qua the Petitioner(s).

Parties shall abide by the terms of settlement.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

As a result, the disputes raised in the present petition stand settled and consequently nothing survives in the present petition. The petition be consigned to the records.

HARISH VAIDYANATHAN SHANKAR, J.

JANUARY 20, 2025/nd

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 27/01/2025 at 12:12:26