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

Delhi High Court · 28 Nov 2022 · 2022:DHC:5213
Dinesh Kumar Sharma
CRL.M.C. 6322/2022
CRL.M.C. 6322/2022
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under sections 498A, 406, and 34 IPC based on a bona fide settlement reached during divorce proceedings and the complainant's voluntary no-objection statement.

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Neutral Citation Number 2022/DHC/005213
CRL.M.C. 6322/2022
HIGH COURT OF DELHI
CRL.M.C. 6322/2022 & CM APPL.24722/2022
SANJAY & ORS. ..... Petitioners
Through: Mr. Pradeep Yadav with Mr. Saurabh Yadav, Advocates with petitioners in person.
VERSUS
THE STATE (NCT OF DELHI) AND ANR. ..... Respondents
Through: Mr. Hemant Mehta, APP for the State with SI Vijay Pal Singh, PS CWC
Nanak Pura.
Respondent No.2 in person.
Date of Decision: 28th November, 2022
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J.
(Oral)
CRL.M.A. 24722/2022 (exemption)
Exemption is allowed subject to all just exceptions.
Application stands disposed of.

1. Statement of Respondent No.2/Ms.Laxmi Gupta has been recorded separately wherein she has stated that she was married to Sanjay on 04.07.2014. However, the marriage could not succeed and mutual divorce petition was filed and decree of divorce was granted vide order dated 05.01.2022 by the Principal Judge, Family Court, Dwarka. She has further stated that during the divorce proceedings, she along with the petitioners have reached into a settlement dated 06.12.2021 before the learned Judge, Family Court, Dwarka, Delhi. As per the settlement, her husband/petitioner No.1 has to pay Rs.2,00,000/- in full and final settlement of the entire dispute and she has already been paid Rs.1,50,000/-. Remaining sum of Rs.50,000/- has been received in cash today, i.e., 28.11.2022 in Court. She has stated that she has no objection if FIR No. 99/2017 registered at P.S. CAW Cell Nanakpura 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.

2. In view of the statement of respondent no.2/ Ms.Laxmi Gupta recorded separately, the case FIR No. 99/2017 registered at P.S. CAW Cell Nanakpura under section 498A/406/34 IPC and all the proceedings emanating therefrom are quashed.

3. The present petition stands disposed of.

DINESH KUMAR SHARMA, J NOVEMBER 28, 2022 SANJAY & ORS. versus THE STATE (NCT OF DELHI) AND ANR. Statement of Ms.Laxmi Gupta w/o Sh. Sanjay d/o Late Sh.Ram Gopal Gupta, r/o B-19, Shishram Park, Uttam Nagar, West Delhi - 110059. On S.A. I have entered into a settlement with the petitioners. I was married to Sanjay on 04.07.2014. However, the marriage could not succeed and mutual divorce petition was filed and decree of divorce was granted vide order dated 05.01.2022 by the Principal Judge, Family Court. During divorce proceedings, we have reached into a settlement dated 06.12.2021 before the learned Judge, Family Court, Dwarka, Delhi. As per the settlement, my husband has to pay Rs.2,00,000/- in full and final settlement of the entire dispute. I have already been paid Rs.1,50,000/-. Remaining Rs.50,000/- has been received in cash today in Court i.e. 28.11.2022. I have no objection if FIR No. 99/2017 registered at P.S. CAW Cell Nanakpura and all other proceedings emanated therefrom are quashed. I am making the statement voluntarily against all claims (past, present and future) without any fear, undue influence or coercion. RO & AC DINESH KUMAR SHARMA, J NOVEMBER 28, 2022