Allowed¶28

Arvind Kumar & Ors. v. State (Govt. of NCT Delhi) & Anr.

Quashing of FIR – matrimonial dispute – settlement between parties

Delhi HC4 Feb 2025CRL.M.C./5346/2024

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Case brief

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What is this about?

CRL.M.C. 5346/2024, Delhi High Court, decided 04.02.2025 by Vikas Mahajan, J. Section 482 Cr.P.C. petition seeking quashing of FIR No. 44/2024 (Sections 498A/406/34 IPC, PS Narela) arising from matrimonial dispute; settled vide Mutual Agreement/Settlement dated 09.02.2024; divorce by mutual consent dated 01.05.2024; payment of Rs.5,00,000/- plus gold ring and buffalo; no objection by State (APP Mr. Utkrash) and respondent no.2; FIR and consequential proceedings quashed; petition allowed and disposed.

What did the court decide?

Quashing of FIR No. 44/2024 under Sections 498A/406/34 IPC registered at Police Station Narela, New Delhi, along with all other proceedings emanating therefrom; petition disposed of in the above terms. ¶28

Arvind Kumar & Ors. Vs State (Govt. of NCT Delhi) & Anr. — Dowry and Cruelty | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No. 44/2024 under Sections 498A/406/34 IPC registered at Police Station Narela, New Delhi, and all consequential proceedings emanating therefrom, should be quashed under Section 482 Cr.P.C. on the ground that the parties have arrived at a settlement.

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Court's answer

Since the parties have arrived at a settlement, no useful purpose would be served in continuing the proceedings; rather, continuance would 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.

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Key takeaways

The petition is allowed and FIR No. 44/2024 under Sections 498A/406/34 IPC registered at Police Station Narela, New Delhi, along with all other proceedings emanating therefrom, is quashed.ratio¶27

Detailed headnote1 paragraphs

Quashing of FIR — matrimonial dispute — settlement between parties — Delhi High Court allowed petition under Section 482 Cr.P.C. and quashed FIR No. 44/2024 under Sections 498A/406/34 IPC registered at Police Station Narela, New Delhi, along with all consequential proceedings. Marriage between petitioner no.1 (former husband) and respondent no.2 (former wife) solemnized on 19.06.2020; disputes led to the FIR. Parties settled through Mutual Agreement/Settlement dated 09.02.2024, dissolved the marriage by a decree of divorce by mutual consent dated 01.05.2024, and petitioner no.1 paid Rs.5,00,000/- plus one gold ring and buffalo towards full and final settlement, receipt whereof was acknowledged by respondent no.2 in Court. Respondent no.2 and the State raised no objection to quashing. Held that continuance would serve no useful purpose and would create further acrimony; quashing was in the interest of justice.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 5346/2024

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ARVIND KUMAR & ORS. .....Petitioners Through: Mr. Hasim Alam and Mr.Vikrant Pandey, Advocates

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versus

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STATE (GOVT. OF NCT DELHI) & ANR. .....Respondents Through: Mr. Utkrash, APP for the State with SI Mahendra Patel, PS Narela Respondent No. 2 in person.

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CORAM:

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HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R

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% 04.02.2025

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The present petition has been filed under Section 482, Cr. P.C. 1973 seeking quashing of FIR No. 44/2024 under Sections 498A/406/34 IPC registered at Police Station Narela, New 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 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), petitioner nos.2 to 5 are the close relatives of petitioner no. 1 as well as the respondent no. 2 (former

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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 17/02/2025 at 17:26:17

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wife) are present in Court. They have been identified by the Investigating Officer/SI Mahendra Patel, Police Station Narela, Delhi.

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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 19.06.2020 according to Hindu Rites and Customs.

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On account of temperamental issues certain disputes arose between the parties and a complaint against the petitioner and his family members was filed pursuant to which the aforesaid FIR was registered against the petitioners.

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During the pendency of the proceedings, the parties arrived at a settlement and the terms of the said settlement were recorded in the form of Mutual Agreement/Settlement dated 09.02.2024, a copy of which is annexed as Annexure-P4 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 01.05.2024, which is annexed as Annexure-P3 to the present petition.

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It is also a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.5,00,000/- plus one gold ring and buffalo to the respondent no.2 towards full and final settlement of all her claims The receipt of entire amount and articles is acknowledged by the respondent no.2, who is present in court.

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The respondent no.2 who is present in Court, on a query posed by the Court, 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

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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 17/02/2025 at 17:26:17

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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. 44/2024 under Sections 498A/406/34 IPC registered at Police Station Narela, New 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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VIKAS MAHAJAN, J

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FEBRUARY 4, 2025 ‘ rs’

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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 17/02/2025 at 17:26:17

Arvind Kumar & Ors. v. State (Govt. of NCT Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Arvind Kumar & Ors. v. State (Govt. of NCT Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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