Anit Kumar @ Anit Singh & ORS. v. State NCT Of Delhi & ANR.

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.1324/2024 & CRL.M.A. 5208/2024 ANIT KUMAR @ ANIT SINGH & ORS.

..... Petitioners Through:

Mr. Manoj Kr. Sharma, Adv.

versus STATE NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Naresh Kumar Chahar, APP for State with SI Priya, PS. Sagarpur.

Mr. Sumit Kumar, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN % 19.02.2024

O R D E R

CRL.M.A. 5207/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 1324/2024 3.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.680/2020 under Sections 498A/406/34 IPC registered at Police Station Sagarpur 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 4, who are close relatives of petitioner no.1, as well as, respondent no. 2 (former wife) are present in the Court and they have been identified by their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

counsel and by the Investigating Officer SI Priya, PS. Sagarpur. 6.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 23.03.2018 according to Hindu Rites and Customs. Out of the said wedlock, one male child, namely, Vedansh Malik was born on 11.04.2019, who is presently in the care and custody of the petitioner no.1/father.

7.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 24.11.2019. The dispute between the parties also led to the registration of present FIR. 8.

During the pendency of the proceedings, the parties arrived at a settlement, terms whereof were reduced in writing in the form of Memo of Understanding dated 01.08.2023, which is annexed as Annexure F 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 15.01.2024, which is annexed as Annexure H 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.5 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. 3 lacs has already been paid by the petitioner no.1 to the respondent no.2 in the manner as mentioned in the settlement. The remaining amount of Rs.2 lacs has been paid to the respondent no.2 today in the court by the petitioner no.1 by way of Demand The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Draft bearing No.178993 dated 12.02.2024issued by State Bank of India. 11.

The receipt of entire amount of Rs.5 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.680/2020 under Sections 498A/406/34 IPC registered at Police Station Sagarpur 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 19, 2024/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.