Santanu Sarkar And Others v. The State NCT Of Delhi And ANR

$~1 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 648/2023 SANTANU SARKAR AND OTHERS ..... Petitioners Through Mr. Deepak Dahiya and Mr. Mohit Yadav, Advocates versus THE STATE NCT OF DELHI AND ANR ..... Respondents Through Mr. Anand V Khatri, ASC for the State with SI Ashutosh Mishra PS Mehrauli

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 01.07.2024 1.

The present petition under Section 226 & 227 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed jointly on behalf of the petitioners and Respondent No.2 seeking quashing of the case arising out of FIR bearing No. 187/2019, registered at Police Station Mehrauli, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC').

2.

Issue notice. Learned ASC accepts notice on behalf of the State. 3.

A request for quashing of the FIR has been made on account of the Settlement inter se the parties. It is stated that no child was born out of the said wedlock. Since 2017, the parties started residing separately. It is stated that on 21.01.2021, both the parties amicably settled all the disputes and differences before Mediation Centre, Saket Courts, New Delhi and it was interalia settled between the parties that petitioner no. 1 shall pay a sum of Rs. 7,00,000/- to the respondent no. 2 as full and final amount. It is also The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/07/2024 at 15:47:25

stated that the petitioner no. 1 has already paid Rs. 4,00,000 to respondent no. 2 and shall pay the remaining amount on quashing of the FIR. In view of the settlement, the present petition has been filed. 4.

The parties are present before this Court through Video Conferencing today, and have been identified by their counsel and Investigating Officer concerned.

5.

Today, the complainant who is present in Court states that she has received all amounts due to her and has no objection if the FIR is quashed. 6.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. Moreover, there is no legal impediment in quashing the FIR in question.

7.

Accordingly, FIR bearing No. No. 187/2019, registered at Police Station Mehrauli, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC') and all consequential proceedings emanating therefrom are quashed.

8.

The petition stands disposed of.

9.

The order be uploaded on the website forthwith. NEENA BANSAL KRISHNA, J JULY 1, 2024/PT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/07/2024 at 15:47:25