Rahul Suri & Ors. v. The State (NCT of Delhi) and Anr.

Delhi High Court · 02 Dec 2022 · 2022:DHC:5626
Dinesh Kumar Sharma
W.P.(CRL) 1117/2022
2022:DHC:5626
criminal appeal_allowed

AI Summary

The Delhi High Court quashed the FIR under Sections 498-A and 406 IPC based on the complainant's voluntary settlement and withdrawal of allegations in a matrimonial dispute.

Full Text
Translation output
Neutral Citation Number is 2022/DHC/005626
W.P.(CRL) 1117/2022
HIGH COURT OF DELHI
W.P.(CRL) 1117/2022, CRL. M.A. 9323/2022
RAHUL SURI & ORS. ..... Petitioner
Through: Mr. Vineet Aggarwal, Mr. Ajay Chawla Mr. Kunal Chauhan Mr. Jatin Kumar Advs.
VERSUS
THE STATE (NCT OF DELHI) AND ANR. ..... Respondents
Through: Mr. Amit Peswani MS. Nanita Rao ASC for state with PS. Rajcuri
Garden SI Durga Prasad.
Date of Decision: 2nd December, 2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J.
(Oral)

1. Statement of Respondent No.2/Ms. Shivani Chawla has been recorded separately wherein she has stated that she was married to Rahul Suri on 5th October, 2017 and remained together with the petitioner till 28th February,

2018. No child was born out of the wedlock. However, the marriage could not succeed and mutual divorce petition was filed and decree of divorce was granted vide order dated 07th April, 2022 by the Principal Judge, Family Court, North, Rohini, Delhi.

2. Respondent No.2 further stated that during the divorce proceedings, she along with the petitioners have reached into a settlement dated 26th November, 2021. As per the settlement, she has received an amount of Rs.14,50,000/- by way of a Demand Draft bearing No. 778461 dated 7th January, 2022 (re-validated on 27th September, 2022) drawn on Union Bank of India. Respondent states that she has no objection if the FIR No.264/2019 U/s 498-A/406 IPC registered at P.S. Rajouri Garden and all other proceedings emanating therefrom are quashed. It has also been stated that she is making the statement voluntarily against all claims (past, present and future) without any fear, undue influence or coercion.

3. In view of the statement of respondent no.2/ Ms.Shivani Chawla recorded separately, the case FIR No.264/2019 U/s 498-A/406/34 IPC registered at P.S. Rajouri Garden and all other proceedings emanating therefrom are quashed.

4. The present petition stands disposed of.

DINESH KUMAR SHARMA, J December 2, 2022 VERMA