Vikas Rathor and Ors. v. State of GNCT of Delhi and Anr.

Delhi High Court · 30 Nov 2022 · 2022:DHC:5375
Dinesh Kumar Sharma
CRL.M.C. 6386/2022
2022:DHC:5375
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC following a voluntary settlement and withdrawal of allegations by the complainant in a matrimonial dispute.

Full Text
Translation output
Neutral Citation Number 2022/DHC/005375
CRL.M.C. 6386/2022
HIGH COURT OF DELHI
CRL.M.C. 6386/2022
VIKAS RATHOR AND ORS. ..... Petitioners
Through: Mr.Ravendra Singh, Adv. for P1 to P6.
VERSUS
STATE OF GNCT OF DELHI AND ANR. ..... Respondents
Through: Mr.Pradeep Gahalot, APP for the State.
Ms.Surabhi Kukreti, Adv. for R-2.
SI Chanda Singh, PS Dabri, Dwarka
Date of Decision: 30.11.2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J.
(Oral)
Crl.M.A.24912/2022 (exemption)
Exemption is allowed subject to all just exceptions.
Application stands disposed of.

1. Present petition has been filed for quashing of FIR No. 0841/2021 registered at P.S. Dabri under section 498A/406/34 IPC.

2. Statement of Respondent no.2/Ms.Geeta recorded separately wherein she has stated that she was married to Vikas Rathore on 11.12.2019. However, the marriage could not succeed and mutual divorce petition Neutral Citation Number 2022/DHC/005375 was filed and a decree of divorce was granted vide order dated 01.09.2022 by the learned Judge, Family Court, Dwarka, New Delhi.

3. She has further stated that during divorce proceedings, she along with the petitioners have reached into a settlement dated 25.02.2022 before the Counselling Cell, Family Court, Dwarka. As per the settlement, her husband/petitioner no.1 had to pay Rs.4,00,000/- in full and final settlement of the entire dispute. She stated that she has already been paid the full amount i.e. Rs.4,00,000/-. She has stated that she has no objection if FIR No. 0841/2021 registered at P.S. Dabri under section 498A/406/34 IPC and all other proceedings emanating therefrom are quashed. She has further stated that she is making the statement voluntarily against all claims (past, present and future) without any fear, undue influence or coercion.

4. Respondent no.2 has duly been identified by the I.O.

5. In view of the statement of respondent no.2/Ms. Geeta recorded separately, the case FIR No. 0841/2021 registered at P.S. Dabri under section 498A/406/34 IPC and all the proceedings emanating therefrom are quashed.

6. The petition stands disposed of.

DINESH KUMAR SHARMA, J NOVEMBER 30, 2022