Santosh Kumar And ORS v. State Through Sho Ps New Ashok Nagar And ANR

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1548/2023 SANTOSH KUMAR AND ORS .....Petitioners Through:

Mr. S.S. Yadav & Mr. R.K. Dixit, Advs. with petitioner no.1 and 2 in person.

versus STATE THROUGH SHO PS NEW ASHOK NAGAR AND ANR .....Respondents Through:

Mr. Ajay Vikram Singh, APP for the State.

SI Shah Faizal, P.S. New Ashok Nagar.

Mr. Vishesh Wadhwa, Ms. Swadha Gupta, Mr. Jatin Sharma & Mr.

Vishwam Mishra, Advs. for R-2 with respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 28.01.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition filed under Section 482 of the Cr.P.C. seeks quashing of the FIR No. 566/2015, under Sections 498A/406/34 IPC, registered at P.S. New Ashok Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Shazadi Halima Sadima, learned Metropolitan Magistrate, Karkardooma Courts, Delhi.

3.

The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 28.06.2012 as per Hindu rites and ceremonies. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

No child was born out of the said wedlock.

5.

Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately from 08.07.2014. Subsequently, respondent no.2/complainant lodged an FIR against petitioner no.1 (husband), petitioner no. 2 (brother-in-law) and petitioner no. 3 (sister-in-law) and petitioner no.4 (brother-in-law).

6.

On 28.01.2019, parties arrived at a settlement 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 28.01.2019 is on record (Annexure P-3).

7.

In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 27.11.2019, passed by Shri Sanjay Kumar, Principal Judge, Family Court, East District, Karkardooma, Delhi (Annexure P/2). In terms of the aforesaid settlement for Rs. 3,00,000/- a sum of Rs. 2,00,000/- has already been paid and Rs. 1,00,000/- has to be paid at the time of quashing of the present FIR. Learned counsel for the petitioner submits that thereafter the matter was re-negotiated and today an additional amount of Rs. 1,00,000/- i.e. total amount of Rs. 2 lakhs has been handed over to the complainant/respondent no.2 by way of demand drafts. 8.

Petitioners no.1 and 2 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 Shah Faizal, P.S. New Ashok Nagar. Petitioner no.3 and 4 are stated to be attending the court hearing in the present FIR before 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.

9.

Demand drafts bearing no. 104552 dated 26.11.2024 for Rs. 1,00,000/- drawn on Axis Bank and no. 516654 dated 16.12.2024 for Rs.1,00,000/- drawn on Punjab National Bank been handed over complainant/Respondent No.2, who acknowledges the receipt of the same. 10.

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. 11.

In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 12.

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."

13.

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. 566/2015, under Sections 498A/406/34 IPC, registered at P.S. New Ashok Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Shazadi Halima Sadima, learned Metropolitan Magistrate, Karkardooma Courts, Delhi.

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

14.

In the interest of justice, the petition is allowed, and the FIR No. 566/2015, under Sections 498A/406/34 IPC, registered at P.S. New Ashok Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Shazadi Halima Sadima, learned Metropolitan Magistrate, Karkardooma Courts, Delhi, is hereby quashed.

15.

Petition is allowed and disposed of accordingly. 16.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J JANUARY 28, 2025/nk 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.