Tejpal Rawal @ Tejpal & ORS. v. State And ANR

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2638/2024 TEJPAL RAWAL @ TEJPAL & ORS.

..... Petitioners Through:

Mr. Sachin Kaushik, Advocate along with P-1 to P-4 and P-6 to P-7.

versus STATE AND ANR ..... Respondents Through:

Mr. Hitesh Vali, APP for the State with SI Ajit Krishna, P.S. Gokul Puri.

Mr. Ashish Goswami, Advocate for R-2 along with R-2.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN % 03.04.2024

O R D E R

1.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.0017/2022 under Sections 498A/406/34 IPC registered at Police Station Gokul Puri and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 2.

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.

3.

The petitioner no.1 (father-in-law of respondent no.2) to petitioner no.4 and petitioner no.6 to petitioner no.7, as well as respondent no. 2 (former wife) are present in the Court and they have been identified by their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respective counsel and by the Investigating Officer Ajit Krishna, P.S. Gokul Puri. The petitioner no. 5 was the husband of respondent no. 2, who has since expired in the year 2021.

4.

The brief facts of the case are that the marriage between the son of petitioner no.1 and respondent no. 2 was solemnized on 03.12.2016 according to Hindu Rites and Customs. Out of the said wedlock, one male child, namely, Madhav was born. The child is in the care and custody of respondent no.2.

5.

On account of temperamental issues certain disputes arose between the parties. After the death of the husband, the respondent no.2 made a complaint against the petitioners which culminated into the present FIR. 6.

During the pendency of the proceedings, the parties were referred to Delhi Mediation Centre, Karkardooma Courts, where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 30.10.2023, which is annexed as Annexure B to the present petition. 7.

Apart from the share in the property to be given to the grandson of the petitioner No.1, it is also a term of the settlement that the petitioner no.1 shall pay a total sum of Rs. 5,50,000/- 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. 2,50,000/- has already been paid by the petitioner no.1 to the respondent no.2 in the manner as mentioned in the settlement. The remaining amount of Rs. 3,00,000/- has been paid to the respondent no.2 today in the court by the petitioner no.1. 8.

The receipt of entire amount of Rs. 5,50,000/- is acknowledged by the respondent no.2, who is present in court. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.

10.

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.

11.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 12.

Consequently, the petition is allowed and the FIR No.0017/2022 under Sections 498A/406/34 IPC registered at Police Station Gokul Puri alongwith all other proceedings emanating therefrom, is quashed. 13.

The petition stands disposed of in the above terms. 14.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J APRIL 3, 2024/MR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.