Allowed

Deepak and Anr. v. State Govt. of NCT of Delhi and Anr.

Delhi HC10 Jan 2025CRL.M.C./9626/2024

Case brief

AI extract

What is this about?

Held, allowed. Quashed FIR No. 871/2021 under SI. 498A/406/34 IPC and consequential proceedings. Court noted parties had settled matrimonial disputes via agreement, dissolved marriage by mutual consent decree dated 10.07.2024, and petitioner paid full settlement sum.

What did the court decide?

Quashed FIR No. 871/2021 under sections 498A/406/34 IPC along with all consequential proceedings emanating therefrom.

Deepak and Anr. Vs State Govt. of NCT of Delhi and Anr. — Dowry and Cruelty | Delhi HC (2025)

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$~32

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 9626/2024 DEEPAK AND ANR .....Petitioners Through: Mr. Vinay Duggal and Mr. Vikas Garg, Advocate with petitioners in person.

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versus

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STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Ajay Vikram Singh, APP for the State with IO SI Sachin, P.S. S.P. Badli.

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Mr. Kamal, Advocate for R-2 with R- 2 in person.

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CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R

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% 10.01.2025

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CRL.M.A. 36946/2024 (exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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CRL.M.C. 9626/2024

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The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No. 871/2021 under Sections 498A/406/34 IPC registered at Police Station Samaipur Badli, 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

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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 01/07/2025 at 10:27:33

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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), as well as, respondent no. 2 (former wife), who are present in court, have been identified by their respective counsel, as well as, by the Investigating Officer SI Sachin. 6. The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 12.12.2019 according to Hindu Rites and Customs. 7. On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 20.03.2021. The dispute between the parties also led to the registration of present FIR. 8. During the pendency of the proceedings, the parties have referred to Mediation Centre, Rohini District Courts, Delhi, where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement/Agreement dated 12.12.2023, which is annexed as Annexure –B to the present petition. 9. 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 10.07.2024, which is annexed to the present petition. 10. It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.3,00,000/- to the respondent no.2 towards full and final settlement of all her claims on account of streedhan , permanent alimony, dowry articles, maintenance (past, present and future) etc. Out of the said amount, a sum of Rs. 2,00,000/- has already been paid

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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 01/07/2025 at 10:27:33

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by the petitioner no.1 to the respondent no.2 in the manner as mentioned in the settlement. The remaining amount of Rs. 1,00,000/- has been paid to the respondent no.2 today in the court by the petitioner no.1 by way of Demand Draft bearing No. 773756 dated 28.11.2024 issued by Punjab National Bank.

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The receipt of entire amount of Rs. 3,00,000/- is acknowledged by the respondent no.2, who is present in court.

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The respondent no.2, 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 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. 871/2021 under Sections 498A/406/34 IPC registered at Police Station Samaipur Badli, Delhi, alongwith all other proceedings emanating therefrom, is quashed. 16. The petition stands disposed of in the above terms.

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VIKAS MAHAJAN, J

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JANUARY 10, 2025 AK

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Deepak and Anr. v. State Govt. of NCT of Delhi and Anr.

Case brief

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Deepak and Anr. v. State Govt. of NCT of Delhi and Anr.

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