Rahul Singh And ORS v. State Govt. Of NCT Of Delhi And ANR.
$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 650/2024 RAHUL SINGH AND ORS ..... Petitioners Through:
Mr. Rahul Yadav, Adv.
versus STATE GOVT. OF NCT OF DELHI AND ANR. ..... Respondents Through:
Mr. Sanjay Lao, SC for State with ASI Sanjay Kumar, PS. Tigri.
Ms. Minakshi Yadav, Adv. for R-2 along with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN % 26.02.2024
O R D E R
1.
The present petition has been filed under Article 226 of the Constitution of India read with Section 482 CrPC seeking quashing of FIR No.64/2022 under Sections 498A/406/34 IPC registered at Police Station Tigri and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 2.
Issue notice. The learned Standing Counsel 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.
3.
The petitioner no.1 (former husband) and the petitioner nos. 2 to 9, 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 counsel and by the Investigating Officer ASI Sanjay Kumar, PS. Tigri. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 11.12.2018 according to Hindu Rites and Customs. No child was born out of the said wedlock. 5.
On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 10.12.2019. The dispute between the parties also led to the registration of present FIR. 6.
During the pendency of the proceedings, the parties arrived at an oral settlement, terms whereof were reduced in writing in the judgment dated 02.01.2023, whereby the Second Motion Petition of the parties has been disposed of, a copy of which is annexed to the present petition. 7.
The marriage between petitioner no.1 and respondent no.2 has been dissolved by mutual consent by a decree of divorce dated 02.01.2023, which is annexed as Annexure C to the present petition. 8.
It is also a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs. 2 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.1.5 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. 50,000/- has been paid to the respondent no.2 today in the court by the petitioner no.1.
9.
The receipt of entire amount of Rs..2 lacs is acknowledged by the respondent no.2, who is present in court.
10.
The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.
11.
In view of the fact that the parties have arrived at a settlement, no useful The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.
12.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.
13.
Consequently, the petition is allowed and the FIR No.64/2022 under Sections 498A/406/34 IPC registered at Police Station Tigri alongwith all other proceedings emanating therefrom, is quashed. 14.
The petition stands disposed of in the above terms. 15.
Order be uploaded on the website of this court. VIKAS MAHAJAN, J FEBRUARY 26, 2024/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.