Naresh Kumar & ORS. v. The State(Govt. Of NCT Of Delhi) & ANR.
$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1119/2024 NARESH KUMAR & ORS.
..... Petitioners Through:
Mr. Amir Yadav, Advocate alongwith petitioners in person.
versus THE STATE(GOVT. OF NCT OF DELHI) & ANR.
..... Respondents Through:
Mr. Sunil Kumar Gautam, APP for the State with W/SI Neetu, P.S.
Bindapur.
Respondent no. 2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 12.02.2024 1.
The present petition filed under Section 482 of the Cr.P.C. seeks quashing of FIR No. 398/2023, under Sections 498A/406/34 of the IPC, registered at P.S. Bindapur.
2.
The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 10.07.2019 as per Hindu rites and ceremonies. No child was born out of the said wedlock.
3.
Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately from 24.07.2020. Subsequently, respondent no.2/complainant lodged an FIR against petitioner no.1 (husband), petitioner no. 2 (father-in-law), petitioner no. 3 (brother-inThe authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
law), petitioner no. 4 (brother-in-law), petitioner no. 5 (sister-in-law) & petitioner no. 6 (brother-in-law).
4.
On 15.09.2023, parties arrived at a settlement vide Memorandum of Understanding dated 15.09.2023. As per the said settlement MOU, petitioner no.1 has agreed to pay an amount of Rs. 7,11,000/- to the respondent no.2/wife towards full and final settlement of all her claims including istridhan, permanent alimony and maintenance - present, past and future. The copy of the aforesaid MOU dated 15.09.203 is on record (Annexure P2). The aforesaid amount has already been paid to respondent no. 2, who acknowledges the receipt of the same.
5.
In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 11.01.2024, passed by Shri Vipin Kumar Rai, Additional Principal Judge, Family Court, South-West, Dwarka, New Delhi (Annexure P-3).
6.
Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by the Investigating Officer, W/SI Neetu, P.S. Bindapur.
7.
The complainant/respondent no.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. She further states that all the terms of the agreement have been complied with.
8.
Learned APP for the State submits that investigation in the present FIR is pending and chargesheet is yet to be filed. In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed.
9.
In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon'ble The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."
10.
In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 398/2023, under Sections 498A/406/34 of the IPC, registered at P.S. Bindapur.
11.
In the interest of justice, the petition is allowed, and the FIR No. 398/2023, under Sections 498A/406/34 of the IPC, registered at P.S. Bindapur, is hereby quashed.
12.
Petition is allowed and disposed of accordingly. 13.
Pending application(s), if any, also stand disposed of. AMIT SHARMA, J FEBRUARY 12, 2024/bsr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.