Lekhram And ORS v. State Govt. Of NCT Of Delhi And ANR.
$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2499/2024 LEKHRAM AND ORS ..... Petitioners Through:
Petitioners with their counsel Mr.
Lokesh Kumar, Advocate.
versus STATE GOVT. OF NCT OF DELHI AND ANR. ..... Respondents Through:
Mr. Pradeep Gahlot, APP for the State along with ASI Pratap Singh.
R-2 with her counsel Mr. Jitendra Kumar Sharma, Advocate.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
O R D E R
% 28.03.2024 CRL.M.A. 9537/2024 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
CRL.M.C. 2499/2024 3.
The instant petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed on behalf of petitioners seeking quashing of FIR bearing no. 0064/2019 dated 19.01.2019, registered at Police Station Nihal Vihar, Delhi for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 („IPC‟) and all consequential proceedings emanating therefrom.
4.
Issue notice. Mr. Pradeep Gahlot, learned APP accepts notice on behalf of State.
5.
All the petitioners are present before this Court and have been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
identified by their counsel Mr. Lokesh Kumar and Investigating Officer (IO) ASI Pratap Singh from Police Station Nihal Vihar, Delhi. 6.
Brief facts of the present case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 14.07.2010 according to Hindu rites and ceremonies at New Delhi. No child was born out of the said wedlock. It is stated that due to certain differences which had arisen between the parties, both the parties started living separately since 06.12.2012. It is stated that on the complaint of respondent no. 2, the present FIR bearing no. 0064/2019 was registered at Police Station Nihal Vihar, Delhi against the petitioners for the offences punishable under Sections 498A/406/34 of IPC. It is stated that during the pendency of the case, both the parties have amicably settled all their disputes before the Mediation and Conciliation Centre, Tis Hazari Courts, Delhi vide Mediation Settlement dated 27.04.2022.
7.
On a 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 Mediation and Conciliation Centre, Tis Hazari Courts, Delhi vide Mediation Settlement dated 27.04.2022 and that they have obtained decree of divorce by mutual consent. 8.
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 petitioners.
9.
The petitioner no. 1 had paid a sum of Rs. 50,000/- in two instalments The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
in the following manner:
a. First instalment of Rs. 25,000/- paid to respondent no. 2 at the time of recording of statement in First Motion Petition. b. Second instalment of Rs. 25,000/- paid to respondent no. 2 at the time of recording of statement in Second Motion Petition. 10.
Today, the complainant who is present in Court states that she has received the last and final instalment of Rs. 35,000/- today, i.e., 28.03.2024 vide DD No. 933183 drawn on State Bank of India and has no objection if the FIR is quashed.
11.
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. 12.
Accordingly, FIR bearing no. 0064/2019 dated 19.01.2019, registered at Police Station Nihal Vihar, Delhi for offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.
13.
The petition stands disposed of.
14.
The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MARCH 28, 2024/A 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.