Kuldeep And ORS v. State (NCT Of Delhi) And ANR.

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 983/2024 & CRL.M.A. 9406/2024 (Exemption) KULDEEP AND ORS ..... Petitioners Through:

Counsel appearance not given.

Petitioners in person.

versus STATE (NCT OF DELHI) AND ANR.

..... Respondents Through:

Mr. Yasir Rauf Ansari, ASC (criminal) for the State with Mr. Alok Sharma and Mr. Vasu Agarwal, Advocates.

ASI Ramesh, PS Prem Nagar.

SI Vishal Tiwari, Special Cell, Janak Puri.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 28.03.2024 1.

The present petition filed under Article 226 of the Constitution of India read with Section 482 of the Cr.P.C. seeks quashing of the FIR No. 838/2022, under Sections 498A/406/34 of the IPC, registered at P.S. Prem Nagar.

2.

The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 19.02.2019 as per Hindu rites and ceremonies. 3.

No child was born out of the said wedlock.

4.

Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately from June 2020. Subsequently, respondent no.2/complainant lodged an FIR against 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 (husband), petitioner no. 2 (mother-in-law), petitioner no. 3 (father-inlaw) and petitioner no. 4 (sister-in-law). 5.

On 11.05.2023, parties arrived at a settlement before Delhi Mediation Centre, Rohini District Courts, Delhi and as per the said settlement deed, petitioner no.1 has agreed to pay an amount of Rs. 3,00,000/- to the respondent no.2/wife towards full and final settlement of all her claims including istridhan, permanent alimony and maintenance - present, past and future. The copy of the aforesaid settlement deed dated 11.05.2023 is on record (Annexure B).

6.

In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 07.02.2024, passed by Ms. Rajrani, learned Judge, Family Court (North-West), Rohini Courts, Delhi (Annexure D). Further, as per the settlement deed, an amount of Rs. 2,00,000/- has already been paid to respondent no.2 and the remaining amount of Rs. 1,00,000/- has been paid to her in court today, by means of a demand draft.

7.

Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by the Investigating Officer, ASI Ramesh, PS Prem Nagar.

8.

A demand draft bearing no. 830541 dated 26.02.2024 for Rs. 1,00,000/- drawn on Union Bank, Kirari Suleman Nagar, Delhi has been handed over to complainant/Respondent No.2, who acknowledges the receipt of the same.

9.

The complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. She further states that all the terms of the agreement have been complied The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

with.

10.

Learned ASC for the State submits that investigation in the present FIR is pending and chargesheet has not been filed. In view of the settlement between the parties, learned ASC for the State has no objection if the present FIR is quashed.

11.

In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon'ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

12.

In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 838/2022, under Sections 498A/406/34 of the IPC, registered at P.S. Prem Nagar.

13.

In the interest of justice, the petition is allowed, and the FIR No. 838/2022, under Sections 498A/406/34 of the IPC, registered at P.S. Prem Nagar, is hereby quashed.

14.

Petition is allowed and disposed of accordingly. 15.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MARCH 28, 2024/sn 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.