Bijender Singh & ORS. v. The State (NCT Of Delhi) & ANR.

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1426/2024 BIJENDER SINGH & ORS.

..... Petitioner Through:

Mr. Vipin Tiwari, Ms. Priti Jaiswal, Mr. Navanshu Mishra, Ms. Avantika Tiwari, Mr. Ahazam Noor, Mr.

Mohsin Noor, Mr. Manoj Dikshit and Mr. Shahid B. Patel, Advs. with petitioners in person.

versus THE STATE (NCT OF DELHI) & ANR.

..... Respondents Through:

Mr. Naresh Kumar Chahar, APP for State with SI Ram Kishan PS Neb Sarai Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN % 21.02.2024

O R D E R

CRL.M.A. 5461/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 1426/2024 3.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.790/2022 under Sections 498A/406/34 IPC registered at Police Station Neb Sarai, District-South, New Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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), petitioner nos. 2 - 5, 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 the learned counsel for the petitioner and by the Investigating Officer SI Ram Kishan PS Neb Sarai.

6.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 29.06.2020 according to Hindu Rites and Customs. Out of the said wedlock, no child was born. 7.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 14.01.2022. 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 Mediation Centre, Saket Courts, New Delhi where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 23.08.2023, which is annexed as Annexure P2 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 01.12.2023, which is annexed as Annexure P3 (colly) to the present petition.

10.

It is a term of the settlement between the parties that the petitioner The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

no.1 shall pay a total sum of Rs.1,80,000/- 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. The entire amount has been paid in the manner as stated in the settlement.

11.

The receipt of entire amount of Rs.1,80,000/- 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.790/2022 under Sections 498A/406/34 IPC registered at Police Station Neb Sarai, DistrictSouth, New Delhi 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 21, 2024 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.