High Court of DelhiCRL.M.C./75/2024

Jatin Talwar & ORS. v. State Of NCT Of Delhi & ANR.

2024-01-04Hon'Ble Dr. Justice Swarana Kanta Sharma4 pages

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 75/2024 JATIN TALWAR & ORS.

..... Petitioners Through:

Mr. Manoj Kumar Sharma and Mr.

Praveen Thukral, Advocates alongwith petitioners in person versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State with SI Pawan Kumar, P.S.

Gandhi Nagar, Delhi Respondent no. 2 in person

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 04.01.2024 CRL.M.A. 304/2024 (exemption) 1.

Allowed, subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 75/2024 3.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed on behalf of the petitioners seeking quashing of FIR bearing no. 38/2020 registered at Police Station Gandhi Nagar, Delhi for offences punishable under Sections 498A/406/34 of the Indian Penal Code and all consequential proceedings emanating therefrom.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Issue notice. Mr. Naresh Kumar Chahar, learned APP accepts notice on behalf of the State.

Petitioners are present before this Court and have been identified by their counsel Mr. Manoj Kumar Sharma and Investigating Officer (IO) SI Pawan Kumar from Police Station Gandhi Nagar, Delhi. 6.

Brief facts of the case are that the marriage between the petitioner no. 1 and respondent no. 2 was solemnized on 22.09.2018 as per Hindu rites and ceremonies. It is stated that no child was born out of the said wedlock. It is stated that due to certain matrimonial discords and differences, both the parties started living separately from each other since 24.12.2018. On the complaint of respondent no. 2, the present FIR bearing no. 38/2020 was registered at Police Station Gandhi Nagar, Delhi for offences punishable under Sections 498A/406/34 of IPC against the petitioners. After completion of investigation, the chargesheet was filed before the concerned Court. It is stated that the entire dispute has been amicably settled between the parties before the Delhi Mediation Centre, Karkardooma, Delhi vide Settlement Deed dated 22.03.203 and both the parties have obtained decree of divorce dated 08.11.2023 by mutual consent from the concerned Court. 7.

On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties before the Delhi Mediation Centre, Karkardooma, Delhi vide Settlement Deed dated 22.03.203 and that they have obtained decree of divorce by mutual consent from the concerned Court.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner no.1 and other family members. 9.

The petitioner no. 1 had paid a sum of Rs. 19,00,000/- in three installments in the following manner:

a. First installment of Rs. 3,00,000/- paid to respondent no. 2 at the time of recording of statement in the first motion petition under Section 13B(1) of Hindu Marriage Act. b. Second installment of Rs. 4,00,000/- paid to respondent no. 2 at the time of recording of statement in the second motion petition under Section 13B(2) of Hindu Marriage Act. c. Third/Final instalment of Rs.12,00,000/- to be paid at the time of quashing of the FIR before the Hon‟ble High Court at New Delhi.

10.

Today, the complainant who is present in Court states that she has received the last and final instalment of Rs. 12,00,000/- today, i.e., 04.01.2024 vide DD No. 466858 dated 03.01.2024 drawn on IndusInd Bank, Krishna Nagar, New Delhi, and has no objection if the FIR is quashed. 11.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 12.

Accordingly, FIR bearing no. 38/2020 registered at Police Station Gandhi Nagar, Delhi for offences punishable under Sections 498A/406/34 of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the IPC and all consequential proceedings emanating therefrom are quashed. 13.

In view of above, the present petition stands disposed of. 14.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 4, 2024/ns Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.