In a significant ruling, the Delhi High Court quashed an FIR registered under Sections 498A, 406, and 34 of the Indian Penal Code (IPC) against a man named Rahul Dev and his family members, stating that the allegations stemmed from a personal matrimonial dispute and lacked criminal intent.
Background of the Case
The FIR was lodged at Police Station Hari Nagar, Delhi, by the complainant (wife) against her husband Rahul Dev and his relatives. The allegations were made under IPC Sections 498A (cruelty by husband or his relatives), 406 (criminal breach of trust), and 34 (common intention).
The husband and his family approached the Delhi High Court under Section 482 of the Criminal Procedure Code (CrPC), seeking quashing of the FIR.
The court, after going through the facts, noted:
“The FIR appears to be the result of a matrimonial dispute and an attempt to settle personal scores. The allegations are general and do not reflect any specific role or overt act of the petitioners.”
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The court also noted that the complainant and petitioner had entered into a mutual settlement, and all outstanding issues were amicably resolved.
It was informed that both parties had resolved their disputes through mediation and entered into a Mutual Consent Divorce. The complainant confirmed before the court that she had no objection to the quashing of the FIR.
Supporting this, the complainant filed an affidavit stating:
“I have settled all my disputes with the petitioners and do not wish to pursue the FIR any further.”
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Justice Amit Mahajan relied on precedents where courts have quashed criminal proceedings in matrimonial matters when both parties have settled amicably.
“Continuing such proceedings would amount to abuse of the process of law and would serve no purpose as the disputes have already been resolved.”
The court emphasized that the FIR was more of a tool for harassment rather than genuine criminal redressal.
The High Court concluded:
“This Court finds it a fit case for exercise of its powers under Section 482 CrPC to prevent misuse of the process of law.”
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Accordingly, the FIR registered against Rahul Dev and his family members was quashed.
- FIRs under Section 498A/406 IPC can be quashed if parties settle amicably.
- The court reiterated that criminal law should not be misused for settling personal scores.
- The ruling highlights the importance of mediation and mutual agreement in matrimonial disputes.
Case: Rahul Dev & Ors. v. State (NCT of Delhi) & Anr.
Date: 25 July 2024
FIR No.: 228/2021 – P.S. Hari Nagar