ARVIND KUMAR & ORS. v. STATE (GOVT. OF NCT DELHI) & ANR.
CRL.M.C./5346/2024 · 2025-02-04
Vikas Mahajan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22482 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22482 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5346/2024
ARVIND KUMAR & ORS. .....Petitioners Through: Mr. Hasim Alam and Mr.Vikrant Pandey, Advocates
versus
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. CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R %
04.02.2025
1. 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. 2. 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. 3. 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 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
wife) are present in Court. They have been identified by the Investigating Officer/SI Mahendra Patel, Police Station Narela, Delhi. 4. 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. 5. 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. 6. 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. 7. 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. 8.
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. 9. 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. 10. In view of the fact that the parties have arrived at a settlement, no 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
useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them. 11. It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 12. 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. 13. The petition stands disposed of in the above terms. VIKAS MAHAJAN, J FEBRUARY 4, 2025 ‘rs’ 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