Yetesh Pattnaik v. State & ANR.

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2751/2024 YETESH PATTNAIK ..... Petitioner Through:

Mr. Sudarshan Rajan and Mr. Hitain Bajaj, Advs. with petitioner through VC.

versus STATE & ANR.

..... Respondents Through:

Mr. Raj Kumar, APP for State with SI Naresh Kumar PS Baba Haridas Nagar Respondent no. 2 through VC

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN % 05.04.2024

O R D E R

CRL.M.A. 10496/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 2751/2024 & CRL.M.A. 10516/2024 (stay) 3.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.628/2014 under Sections 498A/406/34 IPC registered at Police Station Baba Haridas Nagar, District South West, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

4.

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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

arrived at a settlement, the State has no objection in case the FIR in question is quashed.

5.

The petitioner no.1 (former husband) has joined through VC and has been identified by his counsel. Likewise, respondent no. 2 (former wife) has also joined through VC, who has been identified by the IO SI Naresh Kumar PS Baba Haridas Nagar.

6.

The brief facts of the case are that marriage between the petitioner no.1 and respondent no. 2 was solemnized on 09.02.2007 according to Hindu Rites and Customs. Out of the said wedlock, one girl child was born who is in the care and custody of respondent no. 2.

7.

On account of temperamental issues certain disputes arose between the parties and they started living separately. The dispute between the parties also led to the registration of present FIR.

8.

During the pendency of the proceedings, the parties arrived at a settlement, terms whereof were reduced in writing in the form of Deed of Settlement / Compromise Deed dated 22.10.2022, which is annexed as Annexure C to the present petition.

9.

In terms of the said settlement, the parties decided to dissolve their marriage by filing a petition for divorce by way of mutual consent. Accordingly, the petitioner no.1 and respondent no.2 have obtained a decree of divorce dated 22.10.2022, which is annexed as Annexure C to the present petition.

10.

It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.10 Lakhs 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. The entire amount The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

has already been paid by the petitioner no.1 to the respondent no.2 in the manner as mentioned in the settlement.

11.

The receipt of entire settlement amount of Rs. 10 Lakhs is acknowledged by the respondent no.2, who is present in court. 12.

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

13.

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.

14.

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

15.

Consequently, the petition is allowed and the FIR No.628/2014 under Sections 498A/406/34 IPC registered at Police Station Baba Haridas Nagar, District South West, Delhi alongwith all other proceedings emanating therefrom, is quashed.

16.

The petition stands disposed of in the above terms. 17.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J APRIL 5, 2024 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.