Vijay Kumar Kataria & ORS. v. State (N.C.T Of Delhi) & ANR.

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1123/2024 VIJAY KUMAR KATARIA & ORS.

..... Petitioners Through:

Mr. Kapil Sethi, Adv.

versus STATE (N.C.T OF DELHI) & ANR.

..... Respondents Through:

Mr. Raj Kumar, APP for State with SI Prithvi Solanki, PS.Patel Nagar.

Mr. Manan Kharbanda, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 12.02.2024 CRL.M.A. 4419/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 1123/2024 3.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.475/2020 under Sections 498A/406/34 IPC registered at Police Station Patel Nagar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 4.

Issue notice. The learned APP for the State accepts notice. He submits that since the FIR is an outcome of a matrimonial dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.

5.

The petitioner no.1 (former husband) and the petitioner nos. 2 to 6, who are close relatives of petitioner no.1, as well as, respondent no. 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

(former wife) are present in the Court and they have been identified by their counsel and by the Investigating Officer SI Prithvi Solanki, PS.Patel Nagar. 6.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 26.11.2015 according to Hindu Rites and Customs. Out of the said wedlock, one male child namely, Master Yatharth Kataria was born on 27.12.2016, who is presently in the care and custody of the respondent no.2.

7.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 16.07.2019. The dispute between the parties also led to the registration of present FIR. 8.

During the pendency of the proceedings, the parties were referred to Counselling Cell attached with learned Judge, Family Courts, West District, Tis Hazari Courts, Delhi, where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement/MoU dated 02.05.2023, which is annexed as Annexure P-2 to the present petition. 9.

In terms of the said settlement, the parties decided to dissolve their marriage by filing a petition for divorce by way of mutual consent. Accordingly, the petitioner no.1 and respondent no.2 have obtained a decree of divorce dated 22.09.2023, which is annexed as Annexure P-3 to the present petition.

10.

It is also a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.10 lacs to the respondent no.2 towards full and final settlement of all her claims on account of streedhan, permanent alimony, dowry articles, maintenance (past, present and future) etc. Out of the said amount, a sum of Rs. 6 lacs has already been paid by the petitioner no.1 to the respondent no.2 in the manner as mentioned in the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

settlement. The remaining amount of Rs. 4 lacs (Rs.2 lacs each) has been paid to the respondent no.2 and to Master Yatharth Kataria today in the Court by the petitioner no.1 by way of Demand Drafts bearing Nos. 504055 and 504056 dated 05.02.2024, issued by Bank of India. 11.

The receipt of entire amount of Rs.10 lacs is acknowledged by the respondent no.2, who is present in court.

12.

The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.

13.

In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

14.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 15.

Consequently, the petition is allowed and the FIR No.475/2020 under Sections 498A/406/34 IPC registered at Police Station Patel Nagar alongwith all other proceedings emanating therefrom, is quashed. 16.

The petition stands disposed of in the above terms. 17.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J FEBRUARY 12, 2024/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.