Parmeet Kumar & ORS. v. State Govt.Of NCT Of Delhi And ANR.

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1895/2024 PARMEET KUMAR & ORS.

..... Petitioners Through:

Ms. Reena Luka, Advocate.

versus STATE GOVT.OF NCT OF DELHI AND ANR. ..... Respondents Through:

Mr. Satish Kumar, APP for the State along with SI Ashish.

Mohd. Ahmed Shamsher, Mr. Khalid Azeez and Mohammad Fatir, Advocates for R-2.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 06.03.2024 CRL.M.A. 7265/2024 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 1895/2024 3.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C‟) has been filed by petitioners praying for quashing of FIR bearing No. 0533/2022 registered at Police Station Rajouri Garden, Delhi for the offences punishable under Sections 498A/406/34 of Indian Penal Code, 1860 („IPC') and all consequential proceedings emanating therefrom.

4.

Notice. Mr. Satish Kumar, learned APP accepts notice on behalf of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the State.

5.

Briefly stated the facts of the present case are that the marriage between the petitioner No. 1 and the respondent no.2 was solemnized on 18.11.2013. However, due to temperamental differences between the petitioners and respondent no.2 disputes arose resulting to the registration of the present FIR.

6.

The petitioners are present before this Court and have been identified by their counsel Ms. Reena Luka and Investigating Officer (IO) SI Ashish Police Station Rajouri Garden, Delhi.

7.

On the query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent No.2 that the entire dispute has been amicably settled between the parties entered into between them vide settlement deed dated before the Family Courts, West District, Tis Hazari Courts, Delhi on 19.05.2023.

8.

It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with the petitioners. The petitioner no. 1 had paid a sum of Rs.6,50,000/- in three installments in the following manner: a. First installment of Rs.1,50,000/- paid to respondent no. 2 at the time of recording of statement in the first motion petition. b. Second installment of Rs. 2,60,000/- paid to respondent no. 2 at the time of recording of statement in the second motion petition..

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

c. Third installment of Rs. 1,50,000/- to respondent no. 2 to be paid at the time of quashing of the FIR before the Hon‟ble High Court at New Delhi.

9.

Today, the complainant who is present in Court states that she has received the last and final installment of Rs. 1,50,000/- today i.e. 06.03.2024 vide Cheque No. 887361 drawn from Union Bank, Rohini Branch, New Delhi and has no objection if the FIR is quashed. 10.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 11.

Accordingly, FIR bearing No. 0533/2022 registered at Police Station Rajouri Garden, Delhi for offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed.

12.

The petition stands disposed of.

13.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MARCH 6, 2024/A 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.