Deepak & ANR. v. The State Govt. Of NCT Of Delhi And ANR.

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1308/2024 DEEPAK & ANR.

..... Petitioners Through:

Mr. S.S. Hora, Adv. with petitioners in person.

versus THE STATE GOVT. OF NCT OF DELHI AND ANR.

..... Respondents Through:

Mr. Sunil Kumar Gautam, APP for the State with SI Neelam, P.S. Sadar Bazar.

Mr. Niraj Singh, Adv. for R-2 with R2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 19.02.2024 CRL.M.A. 5151/2024 (Exemption) 1.

Exemption allowed, subject to just exceptions. 2.

The application is accordingly disposed of.

CRL.M.C. 1308/2024 3.

The present petition filed under Section 482 Cr.P.C. seeks quashing of FIR No. 628/2015, under Sections 498A/406/34 IPC, registered at P.S. Sadar Bazar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Divyashree Raina, learned Metropolitan Magistrate, Mahila Court (Central), Tis Hazari Courts, Delhi.

4.

The marriage between petitioner no.1/husband and respondent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

no.2/wife was solemnized on 03.03.2014 as per Hindu rites and ceremonies. 5.

No child was born out of the said wedlock.

6.

Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately since June, 2014. Subsequently, respondent no.2/complainant lodged an FIR against petitioner no.1 (husband) and petitioner no. 2 (brother-in-law). 7.

On 03.08.2022, parties arrived at a settlement before the Delhi Mediation Centre, Tis Hazari Courts, Delhi and as per the said settlement deed, petitioner no.1 has agreed to pay an amount of Rs. 3,00,000/- 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 settlement deed dated 03.08.2022 is on record (Annexure B).

8.

In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 18.04.2023, passed by Ms. Anju Bajaj Chandna, Principal Judge, Family Court (Central), Tis Hazari Courts, Delhi (Annexure D). Further, as per the settlement deed, an amount of Rs. 2,00,000/- has already been paid to respondent no.2 and the remaining amount of Rs. 1,00,000/- has been paid to her in Court today, by means of a demand draft.

9.

Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Neelam, P.S. Sadar Bazar. 10.

A demand draft bearing no. 896970 dated 22.12.2023 for Rs. 1,00,000/- drawn on State Bank of India, has been handed over to the complainant/respondent no.2, who acknowledges the receipt of the same. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11.

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.

12.

In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 13.

In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon‟ble 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."

14.

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. 628/2015, under Sections 498A/406/34 IPC, registered at P.S. Sadar Bazar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Divyashree Raina, learned Metropolitan Magistrate, Mahila Court (Central), Tis Hazari Courts, Delhi.

15.

In the interest of justice, the petition is allowed, and the FIR No. 628/2015, under Sections 498A/406/34 IPC, registered at P.S. Sadar Bazar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Divyashree Raina, learned The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Metropolitan Magistrate, Mahila Court (Central), Tis Hazari Courts, Delhi, is hereby quashed.

16.

Petition is allowed and disposed of accordingly. 17.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J FEBRUARY 19, 2024/nk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.