Chandan Jha & ORS. v. State/ NCT Of Delhi & ANR.

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1923/2024 CHANDAN JHA & ORS.

..... Petitioners Through:

Petitioners with their counsel Mr.

Ratnakar Maltiyar, Advocate.

versus STATE/ NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State along with SI Parmod Kumar, P.S. Aman Vihar.

Complainant in person.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 07.03.2024 CRL.M.A. 7354/2024 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 1923/2024 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. 302/2023 dated 22.07.2013 registered at Police Station Aman Vihar, 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. Naresh Kumar Chahar, learned APP accepts notice on 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 12/03/2024 at 11:15:53

behalf of the State.

5.

Briefly stated the facts of the present case are that the marriage between petitioner No. 1 and respondent no.2 was solemnized on 06.08.2011. 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 identified by their counsel Mr. Ratnakar Maltiyar and Investigating Officer (IO) SI Police Station Aman Vihar, 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 agreement dated 12.07.2023.

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.7,50,000/- in three installments in the following manner: a.

First installment paid to Rs.2,50,000/- paid to respondent No. 2 at the time of recording statement in the first motion petition.

b.

Second Installment of Rs.2,50,000/- paid to respondent no. 2 at the time of notice in the first divorce. c.

Third installment of Rs. 2,50,000/- paid to respondent no. 2 at the time of quashing of the FIR.

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 12/03/2024 at 11:15:53

9.

Today, the complainant who is present in Court states that she has received all the three installments of amounting to Rs. 7,50,000/- 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. 302/2023 dated 22.07.2013 registered at Police Station Aman Vihar, 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 7, 2024/A/N 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. The Order is downloaded from the DHC Server on 12/03/2024 at 11:15:54