Ajay Kuamr & ORS. v. The State & ANR. & ORS.
$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2572/2024 AJAY KUAMR & ORS.
..... Petitioners Through:
Mr. Sachin Kumar, Advocate along with petitioners-in-person.
versus THE STATE & ANR. & ORS.
..... Respondents Through:
Mr. Manoj Pant, APP for the State with SI Sandeep, P.S. Punjabi Bagh.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
O R D E R
% 02.04.2024 1.
The instant petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of petitioners praying for quashing of FIR bearing no. 18/2018, registered at Police Station Punjabi Bagh, Delhi for offences punishable under Sections 498A/406/354/509/120B of the Indian Penal Code, 1860. 2.
Issue notice. Mr. Manoj Pant, learned APP accepts notice on behalf of the State.
3.
All the petitioners are present before this Court and have been identified by their counsel Mr. Sachin Kumar and Investigating Officer (IO) SI Sandeep from Police Station Punjabi Bagh, Delhi. 4.
Brief facts of the present case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 12.02.2016 according to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Hindu Rites and Ceremonies. One female child was born out of the said wedlock on 02.12.2016. It is stated that due to temperamental differences, both the parties started living separately since 27.09.2017. On the complaint of respondent no. 2, the present FIR bearing no. 18/2018 was registered at Police Station Punjabi Bagh, Delhi against the petitioners for the offences punishable under Sections 498A/406/354/509/120B of IPC. It is stated that during the pendency of the case, with the intervention of well-wishers, both the parties have amicable settled all their disputes vide Settlement Deed dated 16.12.2019.
5.
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 vide Settlement Deed dated 16.12.2019 and affidavits showing the protection of interest of minor child as per the judgment titled as Ganesh vs. Sudhirkumar Shrivastava, (2020) 20 SCC 787 passed by the Hon'ble Supreme Court have been filed and the same are on record.
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. 7,00,000/- in three installments in the following manner:
a. First installment of Rs. 3,00,000/- paid to respondent no. 2 in the first motion petition.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
b. Second installment of Rs. 2,00,000/- paid to respondent no. 2 at the time of recording statement in the second motion. c. Third/Final instalment of Rs. 2,00,000/- 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. 2,00,000/- today, i.e., 02.04.2024 vide DD No. 414072 drawn on Bank of Maharashtra 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. 18/2018, registered at Police Station Punjabi Bagh, Delhi for offences punishable under Sections 498A/406/354/509/120B 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 APRIL 2, 2024/zp 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.