Delhi High Court - Orders
Abhishek Dahiya And Anr vs The State (Gnct Of Delhi) And Anr on 27 April, 2023
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2103/2023 CRL.M.A. 7962/2023
ABHISHEK DAHIYA AND ANR.
..... Petitioners
Through: Ms.Sakshi Sachdeva, Advocate with
petitioners in person.
versus
THE STATE (GNCT OF DELHI) AND ANR
..... Respondents
Through: Mr.Mukesh Kr, APP for the State
with Investigating Officer.
Ms.Aayushi Jain, Advocate for R2
with R2 in person.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 27.04.2023
1. This petition is filed for quashing of FIR No.223/2017 under Sections 498A/406/376/377/511/34 IPC registered at PS Shahbad Dairy, Delhi and the proceedings emanating therefrom.
2. The marriage between petitioner no.1 and respondent no.2 was solemnized on 24.02.2016 as per Hindu rites and ceremonies. No issue was born from the said wedlock. However, due to marital discord both of them started living separately since 28.03.2016. At the instance of respondent no.2 the present FIR was registered and allegations of 376 IPC was leveled against the petitioner no.2 herein. It is stated because of intervention of family members and friends the matter was settled between the parties and MoU was executed in 19.07.2022 whereby the petitioner no.1 agreed to pay an amount of Rs.15.00 lacs to the respondent no.2 towards all her claims Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:29.04.2023 15:42 including permanent alimony, maintenance (present, past and future), stridhan, dowry articles etc. The petition under Section 12 of DV Act was filed by the respondent no.2 has already been withdrawn.
3. The respondent no.2 is present in the Court and has been duly identified by the Investigating Officer and she has no objection in case the FIR is quashed as the matter is settled and she has received the entire settled amount from the petitioner. The learned APP for the State also has no objection in quashing the present FIR subject to some cost.
4. It is seen serious offence under Section 376 IPC is being pressed during investigation of the case by the complainants in matrimonial lis roping the family members of husband thereby putting the entire family to malign, though subsequently, with the settlement of matrimonial disputes, the charge under Section 376 IPC is also waived by such prosecutrix(s). These acts of complainants need to be curbed hence the complainant needs to be put to some terms.
5. In Gaurav and Others vs State and Another Crl.M.C.No.2212/2021 decided on 21.07.2022, the FIR involving Section 376 IPC in a matrimonial dispute primarily against younger brother of husband of complainant therein was quashed.
6. Considering the above settlement between the parties, there is no impediment in quashing of the FIR as complainant has settled all the disputes and has received the entire settled amount and it would never entail in conviction of petitioners and further that allegations under Section 376 IPC were primarily because of martial discord.
7. Accordingly, the petition is allowed. Consequently, the FIR No.223/2017 under Sections 498A/406/376/377/511/34 IPC registered at PS Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:29.04.2023 15:42 Shahbad Dairy, Delhi and the proceedings emanating therefrom stands quashed subject to deposit of cost of Rs.10,000/- by respondent No.2/complainant with Rohini District Courts Bar Association within two weeks from today and copy of such deposit receipt shall be submitted with the Investigating Officer / SHO concerned, who shall in turn file it before the learned Trial Court. Pending application, if any, also stands disposed of.
YOGESH KHANNA, J.
APRIL 27, 2023 DU Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:29.04.2023 15:42