Dinesh Kumar & ORS. v. The State (NCT Of Delhi) & ANR.

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2177/2024 DINESH KUMAR & ORS.

..... Petitioners Through:

Mr S. S. Rathee and Mr Raj Singh, Advocates along with petitioners in person.

versus THE STATE (NCT OF DELHI) & ANR.

..... Respondents Through:

Mr Raj Kumar, APP for the State with SI Anil Kumar, PS Vijay Vihar.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 18.03.2024 CRL.M.A. 8445/2024 1.

Allowed, subject to all just exceptions.

CRL.M.C. 2177/2024 2.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.0115/2022 under Sections 498A/406/34 IPC registered at Police Station Vijay Vihar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 3.

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.

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

4.

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 wife) are present in the Court and they have been identified by the Investigating Officer SI Anil Kumar, PS Vijay Vihar. 5.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 03.11.2014 according to Hindu Rites and Customs. Out of the said wedlock, one girl child, namely, Janyya was born.

6.

On account of temperamental issues certain disputes arose between the parties and they started living separately since February, 2016. The dispute between the parties also led to the registration of present FIR. 7.

During the pendency of the proceedings, the parties were referred to the Delhi Mediation Centre, Rohini District Courts, Delhi where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 13.03.2023, which is annexed as Annexure-B to the present petition.

8.

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 27.07.2023, a copy of which is handed over in the Court and the same is taken on record.

9.

It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.2,50,000/- 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.1,50,000/- has already been paid by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the petitioner no.1 to the respondent no.2 in the manner as mentioned in the settlement. The remaining amount of Rs.1,00,000/- has been paid to the respondent no.2 today in the court by the petitioner no.1 by way of Demand Draft bearing No.747285 dated 15.03.2024 issued by Canara Bank. 10.

The receipt of entire amount of Rs.2,50,000/- is acknowledged by the respondent no.2, who is present in court.

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.0115/2022 under Sections 498A/406/34 IPC registered at Police Station Vijay Vihar 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 18, 2024 MK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.