Karan Sachdeva & ORS. v. State Of NCT Of Delhi & ANR.

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1100/2024 KARAN SACHDEVA & ORS.

..... Petitioners Through:

Mr. Anand Kataria and Mr. Rahul, Advs. with petitioners in person.

versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Sanjay Lao, SC for State with SI Sanjeeta PS Mukherjee Nagar Mr. Siddhant Dhingra, Adv. for R2 with respondent no. 2 through VC

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN % 05.04.2024

O R D E R

CRL.M.A. 10403/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(CRL) 1100/2024 3.

The present petition has been filed under Article 226 read with Section 482 CrPC seeking quashing of FIR No.1007/2023 under Sections 498A/406/34 IPC registered at Police Station Mukherjee Nagar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

4.

Issue notice. The learned Standing Counsel 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.

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

5.

The petitioner no.1 (former husband), as well as, the petitioner nos. 2 - 5, who are close relatives of petitioner no. 1, are present in Court. The respondent no. 2 (former wife) has joined through VC. The parties have been identified by their respective counsel and by the Investigating Officer SI Sanjeeta PS Mukherjee Nagar.

6.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 30.10.2019 according to Hindu Rites and Customs. Out of the said wedlock, no child was born. 7.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 18.10.2021. 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 Settlement Deed / MoU dated 03.01.2024, which is annexed as Annexure P8 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 19.01.2024, which is annexed as Annexure P9 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.13,50,000/- 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. The entire amount has already been paid by the petitioner no.1 to the respondent no.2 in the manner as mentioned in the settlement, the receipt of which is acknowledged The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

by the respondent no. 2, who has joined through VC. 11.

It is further a term of the settlement that the petitioner no. 1 shall return all the gold and silver articles to the respondent no. 2. The said articles have also been returned by the petitioner no. 1 to respondent no. 2, the receipt of which is acknowledged by the respondent no. 2. 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.1007/2023 under Sections 498A/406/34 IPC registered at Police Station Mukherjee Nagar 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.