Sh Charanpreet Singh v. The State Govt. Of Nctof Delhi And ANR.
$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2113/2024 SH CHARANPREET SINGH ..... Petitioner Through:
Mr. Mrinal Kaut Mandal and Mr. R.K.
Yadav, Advs.
versus THE STATE GOVT. OF NCTOF DELHI AND ANR.
..... Respondents Through:
Mr. Raj Kumar, APP for State with SI Renu Hooda, PS. Sunlight Colony.
Mr.
Gaurav Sahrawat and Ms.
Archana Roy, Advs. for R-2.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 15.03.2024 CRL.M.A. 8206/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
CRL.M.C. 2113/2024 3.
The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.71/2021 under Sections 498A/406/34 IPC registered at Police Station Sunlight Colony and all consequential proceedings emanating therefrom on the ground that the parties have arrived 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
quashed.
5.
The petitioner (former husband), as well as, respondent no. 2 (former wife) are present in the Court and they have been identified by their respective counsel and by the Investigating Officer SI Renu Hooda, PS. Sunlight Colony.
6.
The brief facts of the case are that the marriage between the petitioner and respondent no. 2 was solemnized on 15.04.2018 according to Hindu Rites and Customs. No child was born out of the said wedlock. 7.
On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 12.05.2019. 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 Counselling Cell attached with Family Court, Saket Courts, New Delhi, where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 12.10.2022, which is annexed as Annexure P-2 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 and respondent no.2 have obtained a decree of divorce dated 01.11.2023, which is annexed as Annexure P-4 to the present petition.
10.
It is also a term of the settlement between the parties that the petitioner shall pay a total sum of Rs.3.5 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 to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
respondent no.2 in the manner as mentioned in the settlement. The remaining amount of Rs. 2 lacs has been paid to the respondent no.2 today in the Court by the petitioner by way of Demand Draft bearing No.450728 dated 26.02.2024 issued by Federal Bank Limited.
11.
The receipt of entire amount of Rs.3.5 lacs, as well as, the entire dowry articles as per the list attached to the settlement, 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.71/2021 under Sections 498A/406/34 IPC registered at Police Station Sunlight Colony 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 MARCH 15, 2024/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.