Sahil Mittal and Ors. v. The State N.C.T. of Delhi and Anr

Delhi High Court · 30 Nov 2022 · 2022:DHC:5289
Dinesh Kumar Sharma
W.P.(CRL) 1599/2022
2022:DHC:5289
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 406 and 498-A IPC following a voluntary settlement and withdrawal of objection by the complainant in a matrimonial dispute.

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Neutral Citation Number 2022/DHC/005289
W.P.(CRL) 1599/2022
HIGH COURT OF DELHI
W.P.(CRL) 1599/2022
SAHIL MITTAL AND ORS ..... Petitioner
Through: Mr.Anish Sharma, Mr.Prateek Goswami and Mr.Sankalp Mishra, Advocates with petitioners-in-person.
VERSUS
THE STATE N.C.T. OF DELHI AND ANR ..... Respondents
Through: Mr. Yasir Ansari, APP for the State with Advocate Adeeb-ul-Hasan with
SI Chanda Singh, PS Dabri.
Respondent No.2 in person.
Date of Decision: 30th November, 2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J.
(Oral)

1. Statement of Respondent No.2/Ms.Aarti Aggarwal has been recorded separately wherein she has stated that she was married to Sahil Mittal on 03.03.2019 and remained together with the petitioner till 19.11.2019. However, the marriage could not succeed and mutual divorce petition was filed and decree of divorce was granted vide order dated 07.05.2022 by the learned Principal Judge, Family Court, North Rohini, Delhi. She has further stated that during the divorce proceedings, she along with the petitioners have reached into a settlement dated 02.04.2022 before the learned Judge, VERMA Neutral Citation Number 2022/DHC/005289 W.P.(CRL) 1599/2022 Family Court, North Rohini, Delhi. As per the settlement, her husband/petitioner No.1 has to pay Rs.19,00,000/- towards full and final settlement of the entire dispute and she has already been paid Rs.12,00,000/-. Remaining sum of Rs.7,00,000/- has been received by way of a Demand Draft bearing No.308222 dated 28.11.2022 drawn on Punjab National Bank. She has stated that she has no objection if FIR No.683/2021 U/s 406/498-A IPC registered at P.S. Dabri and all other proceedings emanating therefrom are quashed. She has stated that she is making the statement voluntarily against all claims (past, present and future) without any fear, undue influence or coercion.

2. In view of the statement of respondent no.2/ Ms.Aarti Aggarwal recorded separately, the case FIR No.683/2021 U/s 406/498-A IPC registered at P.S. Dabri and all the proceedings emanating therefrom are quashed.

3. The present petition stands disposed of.

DINESH KUMAR SHARMA, J NOVEMBER 30, 2022 VERMA