Jagpal Singh@ Jatin & ORS. v. The State Of N.C.T Of Delhi & ANR.

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2125/2024 JAGPAL SINGH@ JATIN & ORS.

..... Petitioners Through:

Mr Umesh Gupta and Mr Bhupesh Dev, Advocates along with petitioners in person.

versus THE STATE OF N.C.T OF DELHI & ANR.

..... Respondents Through:

Mr Raj Kumar, APP for the State with ASI Vikram Singh, PS Karawal Nagar.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 15.03.2024 1.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.0492/2015 under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961 registered at Police Station Karawal Nagar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

2.

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.

3.

The petitioner no.1 (former husband) and petitioner nos. 2 to 5, who are close relatives of the petitioner no.1, as well as, respondent no. 2 (former The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

wife) are present in the Court and they have been identified by the Investigating Officer ASI Vikram Singh, PS Karawal Nagar. 4.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 20.06.2011 according to Hindu Rites and Customs. Out of the said wedlock, one male child, namely, Ansh @ Lakshit was born, who is in the care and custody of petitioner no.1 (father). 5.

On account of temperamental issues certain disputes arose between the parties and they started living separately from June, 2014. The dispute between the parties also led to the registration of present FIR. 6.

During the pendency of the proceedings, the parties have arrived at a settlement, terms whereof were reduced in writing in the form of Memorandum of Understanding-cum-Settlement Deed dated 04.01.2022, which is annexed as Annexure-3 to the present petition. 7.

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 18.01.2023, which is annexed as Annexure-4 to the present petition.

8.

It is a term of settlement that the petitioner no.1 shall not pay any amount 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.

9.

It is also a term of the settlement that both the parties shall withdraw all their respective cases/complaints if any, other than the abovementioned cases from the concerned courts/forum against each other and their family members.

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

10.

It is also a term of the settlement that the respondent no.2 shall cooperate in quashing of the aforementioned FIR. 11.

The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.

12.

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.

13.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

14.

Consequently, the petition is allowed and the FIR No.0492/2015 under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961 alongwith all other proceedings emanating therefrom, is quashed. 15.

The petition stands disposed of in the above terms. 16.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J MARCH 15, 2024 MK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.