Rahul Singh v. State of NCT of Delhi

Delhi High Court · 29 Nov 2022 · 2022:DHC:5480
Dinesh Kumar Sharma
CRL.M.C. 6349/2022
2022:DHC:5480
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC based on a voluntary settlement and divorce decree, holding that such compromise justifies quashing criminal proceedings in matrimonial disputes.

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Neutral Citation Number 2022/DHC/005480
CRL.M.C. 6349/2022
HIGH COURT OF DELHI
CRL.M.C. 6349/2022
RAHUL SINGH & ORS. ..... Petitioners
Through: Mr.Abhishek Rana, Mr.Gaurav Gola and Mr.Vashu Chaudhary, Advts.
VERSUS
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr.Pradeep Gahlot, APP for the State.
Mr.Deepak Kumar, Adv. for R-2.
Date of Decision: 29.11.2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J.
(Oral)

1. Present petition has been filed for quashing of FIR No. 0665/2019 registered at P.S. Khajoori Khas, Delhi under section 498A/406/34 IPC.

2. Statement of Respondent no.2/Ms.Archana Singh recorded separately wherein she has stated that she married to Rahul Singh on 18.02.2018. However, the marriage could not succeed and mutual divorce petition was filed and a decree of divorce was granted vide order dated dated 25.05.2022 by the Principal Judge, Family Court, North-East, KKD courts, Delhi. Neutral Citation Number 2022/DHC/005480 CRL.M.C. 6349/2022

3. She has further stated that during divorce proceedings, she along with the petitioners have reached into a settlement dated 24.09.2021. As per the settlement, her husband/petitioner no.1 had to pay Rs.8,50,000/- in full and final settlement of the entire dispute. She has stated that she has already been paid Rs.6,50,000/- and remaining sum of Rs.2,00,000/- has been received today i.e. 29.11.2022 vide demand draft No.917092 dated 31.10.2022 drawn on Jaipuria Mall, Indirapuram. She has stated that she has no objection if FIR NO. 0665/2019 registered at P.S. Khajoori Khas, Delhi under section 498A/406/34 IPC 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.

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

5. In view of the statement of respondent no.2/Ms. Renu recorded separately, the case FIR No. 0665/2019 registered at P.S. Khajoori Khas, Delhi under section 498A/406/34 IPC and all other proceedings emanating therefrom are quashed.

6. The petition stands disposed of.

DINESH KUMAR SHARMA, J NOVEMBER 29, 2022