Deepak Gupta & ORS. v. State (NCT Of Delhi) & ANR.

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2546/2024 & CRL.M.A. 9702/2024 Exemption DEEPAK GUPTA & ORS.

..... Petitioners Through:

Mr. Manjit Singh Chauhan, Adv. with petitioner no.1 through Attorney and Petitioner no.2 and 3 in person.

Versus

STATE (NCT OF DELHI) & ANR.

..... Respondents Through:

Mr. Sunil Kumar Gautam, APP for the State with W/SI Manisha Yadav & WSI Neelu, Distt.

Dwarka.

Mr. Prajwal Sharma, Advs. with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 01.04.2024 1.

The present petition filed under Section 482 of the Cr.P.C. seeks quashing of the FIR No. 968/2017, under Sections 498A/406/34 IPC, registered at P.S. Bindapur and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Divya Yadav, learned Metropolitan Magistrate, Dwarka Courts, Delhi. 2.

The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 17.01.2017 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent no. 2, the parties started residing separately from 14.07.2017. Subsequently, respondent no.2/complainant lodged an FIR against petitioners no.1 (husband), petitioner no. 2 (mother-in-law) and petitioner no. 3 (sister-in-law).

5.

On 04.12.2023, parties arrived at a settlement before Mediation Centre, Dwarka Courts, and as per the said settlement deed, petitioner no.1 has agreed to pay an amount of Rs. 4,50,000/- 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 04.12.2023 is on record (Annexure 'E'). 6.

In terms of the said settlement, the marriage between the parties stands dissolved by an ex-parte decree of divorce dated 22.05.2023, passed by Shri Vipin Kumar Rai, Judge, Family Court -01, Dwarka, Delhi (Annexure D). Further, as per the settlement deed, an amount of Rs. 2,25,000/- has already been paid to respondent no.2 and the remaining amount of Rs. 2,25,000/- has been paid to her in Court today, by means of a demand draft.

7.

Petitioner no. 1 is appearing through his Attorney i.e., petitioner no.2, petitioner no. 2 and 3 complainant/respondent no. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, W/SI Manisha Yadav, P.S. Dwarka. 8.

A demand draft bearing no. 503448 dated 29.03.2024 for Rs. 2,25,000/- drawn on ICICI Bank, 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. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

She further states that all the terms of the agreement have been complied with.

10.

In view of the settlement between the parties, learned APP for the State also 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. 968/2017, under Sections 498A/406/34 IPC, registered at P.S. Bindapur and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Divya Yadav, learned Metropolitan Magistrate, Dwarka Courts, Delhi. 13.

In the interest of justice, the petition is allowed, and the FIR No. 968/2017, under Sections 498A/406/34 IPC, registered at P.S. Bindapur and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Divya Yadav, learned Metropolitan Magistrate, Dwarka Courts, Delhi, is hereby quashed. 14.

Petition is allowed and disposed of accordingly. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

15.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J APRIL 1, 2024/nk 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.