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High Court of DelhiCRL.M.C./1024/2020

Ashok Kumar Singh & ORS. v. State & ANR.

2024-03-22Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1024/2020 ASHOK KUMAR SINGH & ORS.

..... Petitioners Through:

Mr. Arun Singh & Mr. Hitesh Kadiyan, Advocates along with petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State with SI Mahendra Koli, P.S.

Bhalswa Dairy, Delhi.

Mr. Alok Vajpayee with Mr. Deepak Gaur & Mr.

Neeraj Sharma, Advocates for R-2 along with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 22.03.2024 1.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) has been filed by the six petitioners praying for quashing of FIR bearing No.572/2016 registered at Police Station Bhalswa Dairy, New Delhi for offences punishable under Sections 498A/406/506/34 of the Indian Penal Code, 1860 (IPC).

2.

Notice. Mr. Naresh Kumar Chahar, learned APP accepts notice on behalf of the State.

3.

Briefly stated the facts of the case are that the marriage of petitioner The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

no.1 and respondent no.2 was solemnized on 17.06.20214 at New Delhi according to Hindu rites and ceremonies. After solemnization of the marriage, petitioner no.1 and respondent no.2 started living as husband and wife and consummated their marriage. No child was born out of the said wedlock. Petitioner no.1 and respondent no.2 lived together till 25.02.2016 and on 25.02.2016 the respondent no.2 left her matrimonial home as the petitioner no.1 and respondent no.2 could not adjust themselves with each other due to their temperamental differences and the respondent no.2 started living at her parental home. Due to their temperamental differences the respondent no.2 filed a complaint against the present petitioners resulting into lodging of the present FIR.

4.

All the petitioners are present before this Court and have been identified by their counsel Mr. Arun Singh and Investigating Officer (IO) SI Mahendra Koli from Police Station Bhalswa Dairy, New Delhi. 5.

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 before Counselling Cell. 6.

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 petitioner No.1 and other family members. 7.

The petitioner no.1 had paid a sum of Rs.5,20,000/- in five installments in the following manner:

a.

First installment of Rs.2 Lakhs paid to respondent no.2 at the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

time of first motion petition.

b.

Second installment of Rs.2,20,000/- paid to respondent no.2 at the time of second motion petition.

c.

Third installment of Rs.1,00,000/- to be paid at the time of quashing of the FIR before the Hon‟ble High Court at New Delhi.

8.

Today, the complainant who is present in Court states that she has received the last and final instalment of Rs.1,00,000/- today i.e., 22.03.2024 vide DD No.740713 drawn on Punjab National Bank, F-Block Vikaspuri, New Delhi and has no objection if the FIR is quashed. 9.

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. 10.

Accordingly, FIR bearing No.572/2016 registered at Police Station Bhalswa Dairy, New Delhi for offences punishable under Sections 498A/406/506/34 of the IPC and all consequential proceedings emanating therefrom are quashed.

11.

The petition stands disposed of.

12.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MARCH 22, 2024/hs 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.