Allowed

Naveen Kumar Alias Naveen Kumar Bohat and Others v. the State Govt. of NCT of Delhi and Anr.

Delhi HC12 Mar 2025CRL.M.C./821/2025

Case brief

AI extract

What is this about?

Quashing petition under Section 482 Cr.P.C. for FIR No. 172/2016 (Sections 498A/406/34 IPC) after matrimonial dispute settled via mediation, payment of Rs. 8,00,000, divorce decree, and complainant's no-objection; court quashed FIR and consequential proceedings including chargesheet, preserving minor child's rights.

What the court decided

AI extract

Naveen Kumar Alias Naveen Kumar Bohat and Others Vs the… — Dowry and Cruelty | Delhi HC (2025)

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$~57

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 821/2025

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NAVEEN KUMAR ALIAS NAVEEN KUMAR BOHAT AND OTHERS .....Petitioners

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Through: Mr. Vipul Kr. Upadhyay and Mr. Prashant Kumar, Advocates along with petitioner no. 1 in person. Petitioner Nos. 2 to 4 through VC

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versus

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THE STATE GOVT. OF NCT OF DELHI AND ANR.

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.....Respondents

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Through: Mr. Sanjeev Sabharwal, APP for the State with Ms. Mansi Sharma, Advocate. W/SI Arti, P.S. Tilak Nagar. Respondent no. 2 in person through Vc. Mr. Sarthak Gupta and Mr. Yogesh Kumar, Advocates for respondent no.2. (through VC)

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CORAM:

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HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R

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% 12.03.2025

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This hearing has been done through hybrid mode.

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CRL.M.A. 3901/2025 (Exemption)

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Allowed, subject to all just exceptions. The application is disposed of.

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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 18/03/2025 at 11:42:34

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CRL.M.C. 821/2025

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The present petition under Section 482 of the Cr.P.C. seeks quashing of FIR No. 172/2016, under Sections 498A/406/34 of the IPC, registered at P.S. Tilak Nagar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Shruti Sharma, learned Judicial Magistrate, First Class, Mahila Court-02, Tis Hazari Courts, Delhi.

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The marriage between the petitioner No.1/husband and the respondent No.2/wife was solemnized on 11.02.2012 as per Hindu Rites and Customs and one child was born out of the said wedlock.

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Due to matrimonial differences between petitioner No. 1 and respondent No. 2, the parties started residing separately. Subsequently, respondent No.2/complainant lodged an FIR against petitioner No. 1 (husband), petitioner No. 2 (sister-in-law), petitioner No. 3 (father-in-law) and petitioner No. 4 (mother-in-law).

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On 01.06.2024, parties arrived at a settlement before Delhi Mediation Centre, Tis Hazari Courts. As per the said settlement deed, petitioner No.1/husband has agreed to pay an amount of Rs. 8,00,000/- to the respondent No.2/wife towards full and final settlement of all her claims including stridhan , permanent alimony and maintenance - present, past and future.

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Petitioner No. 1 appears in-person, petitioner Nos. 2 to 4 and complainant/respondent No. 2 appear through video conferencing and have been duly identified by the Investigating Officer, W/SI Arti, P.S. Tilak Nagar. 8. The matter was also placed before the learned Joint Registrar who has recorded the statements of both the parties and passed the following order dated 27.02.2025: -

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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 18/03/2025 at 11:42:34

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“Today, statement of respondent no. 2 has been recorded, wherein she has confirmed that the a demand draft handed over to her on the last date of hearing for a total sum of Rs. 1,00,000/- bearing no. 47797 drawn on State Bank of India, dated 28.01.2025 stands duly realized in her favour. Further she states that she has no objection if the FIR No. 172/2016, Under Section 498-A/406/34 IPC, was registered PS Tilak Nagar, Delhi and all proceedings emanating there from are quashed qua the petitioners.

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The statement of respondent no. 2 to ascertain the veracity and the genuineness of the parties entering into settlement was recorded on 07.02.2025.

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The Mediation Settlement dated 01.06.2024 entered into between the parties is on record as Annexure – P-2 (colly) at page 48 to 57. As per the settlement, the respondent no. 2 has now received the total settlement amount towards her article, stridhan as well as towards alimony and maintenance past, present and future.

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Respondent no. 2 has also been granted divorce by Mutual consent in HMA No. 2806/2024 vide divorce decree dated 18.10.2024 as Annexure P-3 at page no. 58 to 60.

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As per settlement, the custody of minor child namely Chahat, shall remain with Respondent no. 2. The settlement arrived at between the parties is without prejudice to the rights of minor child. The petitioner no. 1 as per the settlement has agreed to pay a monthly sum of Rs. 5,000/- for the minor child till he attains majority. Respondent no. 2 reserve her rights on behalf of the child to claim this some in case of any default by resorting to appropriate legal remedy.

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Respondent no. 2 has been identified by her counsel.

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This pre verified report along with the petition may be placed before the Hon’ble Court on 12th March, 2025 alongwith the statements recorded today.”

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Respondent No. 2 submits that the matter has been settled with the petitioners and she has no objection, if the present FIR and the consequential proceedings emanating therefrom including the chargesheet are quashed. She further states that all the terms of the settlement have been complied with. 10. In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR and the consequential proceedings

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arising therefrom including the chargesheet are quashed.

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In Gian Singh vs. State of Punjab, (2012) 10 SCC 303, the Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-

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“61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.”

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In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 172/2016, under Sections 498A/406/34 of the IPC, registered at P.S. Tilak Nagar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Shruti Sharma, learned Judicial Magistrate, First Class, Mahila Court-02, Tis Hazari Courts, Delhi.

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In the interest of justice, the petition is allowed, and the FIR No. 172/2016, under Sections 498A/406/34 of the IPC, registered at P.S. Tilak Nagar, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Ms. Shruti Sharma, learned Judicial Magistrate, First Class, Mahila Court-02, Tis Hazari Courts, Delhi, are hereby quashed.

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It is however directed that this order shall not come in the way of the minor child in claiming his rights of inheritance, maintenance, educational & marriage expenses, etc. against any of the parties.

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Petition is allowed and disposed of accordingly.

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Pending application(s), if any, also stands disposed of.

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AMIT SHARMA, J

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MARCH 12, 2025/bsr

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Click here to check corrigendum, if any

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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 18/03/2025 at 11:42:34

Naveen Kumar Alias Naveen Kumar Bohat and Others v. the State Govt. of NCT of Delhi and Anr.

Case brief

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Naveen Kumar Alias Naveen Kumar Bohat and Others v. the State Govt. of NCT of Delhi and Anr.

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