Dipty Arora vs State (GNCT of Delhi)

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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Dipty Arora - Appellant
Versus
State (GNCT of Delhi) - Respondent
Crl.M.C. 4812 of 2019
Decided On : 02-12-2022

Important Points

Mutual consent between parties, documented through a settlement, can lead to quashing of FIR in dowry-related cases, provided that the consent is voluntary and free from coercion.

Subject

Criminal Law - Quashing of FIR

Headnote

(A) Indian Penal Code, 1860 - Sections 498-A, 406, and 34 - Quashing of FIR - Petitioner sought to quash FIR No.239/2015 under Sections 498-A, 406, and 34, which pertained to allegations of dowry harassment and breaches of trust - Respondent expressed no objection to the quashing of the FIR following a mutual settlement dated 15th July, 2017 - The statement recorded indicates that the respondent made this statement voluntarily, without fear or coercion. (Paras 1-7)

(B) Consent for Quashing - The principle established that mutual consent between the parties, as evidenced by a documented settlement, can lead to the quashing of proceedings, provided it is made voluntarily and without duress. (Para 6)

Facts of the case:
The petition was filed after a settlement was reached between the parties in the Family Court, resolving all disputes. The respondent stated that due to mutual agreement, she had no objection to quashing the FIR.

Findings of Court:
The FIR and all proceedings related to it are quashed based on the expressed consent of the respondent.

Issues: Whether mutual consent can lead to the quashing of a FIR related to dowry harassment, considering the voluntary nature of the respondent's statement.

Ratio Decidendi: The court acknowledged that the respondent's voluntary statement and the existing settlement justified quashing the FIR, emphasizing that consent from both parties can facilitate this outcome in similar cases.

Result: FIR No.239/2015 and all related proceedings are quashed, and the petition is disposed of.

Table of Content
1. settlement and lack of objection to quashing fir (Para 1 , 2 , 3 , 4)
2. request to quash fir and proceedings (Para 5 , 6)
3. quashing of fir based on respondent's statement (Para 7)
4. disposal of the petition (Para 8)

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed for quashing of FIR No.239/2015 U/s 498-A/406/34 IPC. PS Geeta Colony.

2. Statement of Respondent No.2/Ms.Deepika Arora has been recorded separately wherein she has stated that she entered into a settlement dated 15th July, 2017 with the petitioners before the learned Principal Judge, Family Court, Karkardooma, Sahadara, Delhi. Respondent No.2 states that his husband-petitioner No.1 died due to illness.

3. Both the parties state that pursuant to the settlement as recorded at Counseling Cell, Karkardooma Courts, Sahadara, Delhi dated 15th July, 2017, they have settled all their disputes and differences.

4. The Investigating Officer of the case is present and has identified the petitioners and the respondent No.2.

5. The prayer has been made for quashing of the proceedings in FIR No.239/2015 U/s 498-A/406/34 IPC. PS Geeta Colony.

6. She has stated that she has no objection if FIR No.239/2015 U/s 498-A/406/34 IPC. PS Geeta Colony 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.

7. In view of the statement of respondent no.2/Ms.Deepika Arora recorded separately, the case FIR No.239/2015 U/s 498-A/406/34 IPC. PS Geeta Colony and all the proceedings emanating therefrom are quashed.

8. The present petition stands disposed of.