Allowed¶12

Raghvendra Mishra & Ors. v. the State of NCT of Delhi & Anr.

Quashing of FIR – Matrimonial dispute

Delhi HC27 Jan 2025CRL.M.C./5729/2024

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Case brief

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What is this about?

CRL.M.C. 5729/2024; Raghvendra Mishra v. State of NCT of Delhi; Vikas Mahajan, J.; Delhi High Court; Section 482 CrPC; quashing of FIR on settlement; Sections 498A/406/34 IPC; matrimonial dispute; Delhi Mediation Centre Karkardooma Courts; Settlement Agreement dated 27.07.2023; FIR No. 432/2021 PS Mandawali Fazal Pur East Delhi; complainant-wife no objection; parties living together; FIR and consequential proceedings quashed; petition allowed.

What did the court decide?

Petition allowed: FIR No. 432/2021 under Sections 498A/406/34 IPC registered at Police Station Mandawali Fazal Pur, District East Delhi, and all proceedings emanating therefrom, quashed; petition disposed of in the above terms. ¶12

Raghvendra Mishra & Ors. Vs the State of NCT of 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. 432/2021 under Sections 498A/406/34 IPC registered at Police Station Mandawali Fazal Pur, District East Delhi, and all consequential proceedings emanating therefrom, should be quashed 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, are living together peacefully as husband and wife, and respondent no. 2 (wife) affirms she has no objection, no useful purpose will 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

FIR No. 432/2021 under Sections 498A/406/34 IPC registered at Police Station Mandawali Fazal Pur, District East Delhi, alongwith all other proceedings emanating therefrom, stands quashed.ratio¶12

Detailed headnote1 paragraphs

Quashing of FIR — Matrimonial dispute — Petition under Section 482 CrPC seeking quashing of FIR No. 432/2021 under Sections 498A/406/34 IPC, PS Mandawali Fazal Pur, District East Delhi — Parties, referred during pendency to Delhi Mediation Centre, Karkardooma Courts, settled their disputes vide Settlement Agreement dated 27.07.2023 (Annexure P-2) and resumed living together peacefully — Respondent no. 2 (wife) affirmed before the Court that the parties are living together as husband and wife and had no objection to quashing; State also raised no objection — Held, in view of the settlement no useful purpose would be served in continuing the proceedings, which would instead create further acrimony; in the interest of justice the FIR and all proceedings emanating therefrom quashed — Petition allowed and disposed of (Vikas Mahajan, J.).

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$~67

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 5729/2024

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RAGHVENDRA MISHRA & ORS.

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.....Petitioners

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Through: Mr. Shubhanshu Singh, Mr. Suman Kumar, Mr. Shailesh Kumar Singh and Mr. Amit Kumar Singh, Advs. with petitioner no.1 in person. Petitioner nos. 2 – 5 (through VC)

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versus THE STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Nawal Kishore Jha, APP for State with W/SI Manisha PS Mandawali Mr. Rajesh Kabir, Ms. Lisa Singh, Advs. for R-2 with R-2 in person.

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CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

27.01.2025

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No. 432/2021 under Sections 498A/406/34 IPC registered at Police Station Mandawali Fazal Pur, District East Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

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Notice in the petition was issued vide order dated 26.07.2024. 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

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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 31/01/2025 at 12:25:10

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no objection in case the FIR in question is quashed.

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The petitioner no.1 (husband), as well as, respondent no. 2 (wife) are present in the Court whereas petitioner nos. 2 - 5, who are close relatives of petitioner no. 1 have joined through VC. The parties have been identified by their respective counsel, as well as, by the Investigating Officer W/SI Manisha PS Mandawali.

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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 19.04.2019 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. 24.02.2022. 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 were referred to Delhi Mediation Centre, Karkardooma Courts, Delhi where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement Agreement dated 27.07.2023, which is annexed as Annexure P-2 to the present petition.

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In terms of the said settlement, the parties amicably resolved all their disputes and started living together peacefully.

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It has been agreed between the parties that they shall cooperate with each other in all possible manner and they shall fulfil all their duties and responsibilities towards each other and their family members.

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The respondent no.2, on a query posed by the Court, affirms the fact that the parties are living together as husband and wife and 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 useful

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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 31/01/2025 at 12:25:10

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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. 432/2021 under Sections 498A/406/34 IPC registered at Police Station Mandawali Fazal Pur, District East 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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Order be uploaded on the website of this court.

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VIKAS MAHAJAN, J

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JANUARY 27, 2025 N.S. ASWAL

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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 31/01/2025 at 12:25:10

Raghvendra Mishra & Ors. v. the State of NCT of Delhi & Anr.

Case brief

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Raghvendra Mishra & Ors. v. the State of NCT of Delhi & Anr.

Case brief

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