Allowed¶23

Kamal Dev and Ors. v. State Gnctd and Anr.

Delhi HC3 Feb 2025CRL.M.C./8790/2024

Case brief

AI extract

What is this about?

Delhi High Court order dated 03.02.2025 in CRL.M.C. 8790/2024 (Justice Vikas Mahajan): quashing under Section 528 BNSS 2023 of FIR No. 263/2017 (Sections 498A/406/34 IPC, PS Punjabi Bagh) arising from matrimonial dispute between Kamal Dev (former husband), his mother and sister, and former wife (respondent no.2); basis - settlement at Delhi Mediation Centre, Tis Hazari, mutual-consent divorce decree dated 30.07.2019, payment of Rs.3,25,000/- as full and final settlement; State (APP Utkrash) and complainant raised no objection; FIR and all consequential proceedings quashed; petition disposed of.

What did the court decide?

Quashing of FIR No. 263/2017 under Sections 498A/406/34 IPC registered at Police Station Punjabi Bagh, New Delhi, along with all other proceedings emanating therefrom; the petition stands disposed of accordingly.

Kamal Dev and Ors. Vs State Gnctd and Anr. — Dowry and Cruelty | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No. 263/2017 under Sections 498A/406/34 IPC registered at Police Station Punjabi Bagh, New Delhi, and all consequential proceedings emanating therefrom, should be quashed under Section 528, BNSS of 2023 on the ground that the parties have arrived at a settlement.

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Ratio / Principle

Since the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings arising from the FIR; continuation would rather create further acrimony between them.

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Key takeaways

It is in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.ratio¶22
The petition is allowed and FIR No. 263/2017 under Sections 498A/406/34 IPC registered at Police Station Punjabi Bagh, New Delhi, alongwith all other proceedings emanating therefrom, stands quashed.ratio¶23

Detailed headnote1 paragraphs

High Court of Delhi | CRL.M.C. 8790/2024 | Order dated 03.02.2025 | Bench: Hon'ble Mr. Justice Vikas Mahajan (single Judge). Petition under Section 528, BNSS of 2023 filed by Kamal Dev and others (petitioner no.1 - former husband; petitioner no.2 - his mother; petitioner no.3 - his sister) sought quashing of FIR No. 263/2017 under Sections 498A/406/34 IPC, PS Punjabi Bagh, arising out of a matrimonial dispute with respondent no.2 (former wife); marriage solemnized 21.04.2015, separated since 16.06.2017. During pendency the parties settled at Delhi Mediation Centre, Tis Hazari; terms recorded in judgment dated 30.07.2019 disposing of the second motion petition; mutual-consent divorce decree dated 30.07.2019 (Annexure P-3); petitioner no.1 paid Rs.3,25,000/- towards full and final settlement, receipt acknowledged by respondent no.2 in Court. The learned APP submitted the State had no objection, and respondent no.2 (via video conference) confirmed she had no objection to quashing. The Court held that post-settlement continuation would serve no useful purpose and would create further acrimony, and being in the interest of justice, allowed the petition and quashed the FIR along with all consequential proceedings.

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$~30

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 8790/2024

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KAMAL DEV AND ORS .....Petitioners Through: Mr. Vaishnav Rajoria and Mr. Abhinav, Advocates

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versus

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STATE GNCTD AND ANR .....Respondents Through: Utkrash, APP for the State with SI Jarnail Singh Respondent No. 2 (through VC)

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CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R % 03.02.2025

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The present petition has been filed under Section 528, BNSS of 2023 seeking quashing of FIR No. 263/2017 under Sections 498A/406/34 IPC registered at Police Station Punjabi Bagh, 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 no.2 (mother of the petitioner no.1) and petitioner no.3 (sister of petitioner no.1) are present in Court while the respondent no. 2 (former wife) has joined through video conferencing. They have been identified by the Investigating Officer Jarnail

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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 17:26:07

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Singh, Police Station Punjabi Bagh, New 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 21.04.2015 according to Hindu Rites and Customs. Out of the said wedlock, the parties have been blessed with one girl child.

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On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 16.06.2017. 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, Tis Hazari, Delhi, where they arrived at a settlement. The terms of the said settlement were also recorded in the judgment dated 30.07.2019 disposing of the second motion petition, which is annexed to the 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 30.07.2019, which is annexed as Annexure P-3 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.3,25,000/- to the respondent no.2 towards full and final settlement of all her claims. The receipt of entire amount of Rs.3,25,000/- is acknowledged by the respondent no.2, who is present in court.

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The respondent no.2 who has joined through video conferencing, on a query put by the Court, states that she has no objection in case the FIR is quashed.

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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 17:26:07

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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. 263/2017 under Sections 498A/406/34 IPC registered at Police Station Punjabi Bagh, 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 3, 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 17:26:07

Kamal Dev and Ors. v. State Gnctd and Anr.

Case brief

What is this about?

What did the court decide?

Kamal Dev and Ors. v. State Gnctd and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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