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High Court of DelhiCRL.M.C./2785/2024

Ram Gobind Singh & ORS. v. State Of NCT Delhi & ANR.

2024-04-08Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2785/2024 RAM GOBIND SINGH & ORS.

..... Petitioners Through:

Mr. Vipin Bansal & Mr. Deepak Nagar, Advocates along with petitioners in person.

versus STATE OF NCT DELHI & ANR.

..... Respondents Through:

Mr. Naresh Kumar Chahar, APP for State with SI Amit Beniwal, P.S.

Vivek Vihar, Delhi.

Mr. Deepak Kumar, Advocate for R-2 along with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 08.04.2024 CRL.M.A. 10586/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 2785/2024 3.

The present petition under Section 482 of Code of Criminal Procedure, 1973 (Cr.P.C.) has been filed on behalf of the petitioner seeking quashing of FIR bearing No.703/2021, registered at Police Station Vivek Vihar, Delhi for the offences punishable under Sections 498A/406/34 of Indian Penal Code, 1860 (IPC) and subsequent proceedings emanating The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

therefrom.

4.

Issue notice. Mr. Naresh Kumar Chahar, learned APP accepts notice on behalf of State.

5.

Briefly stated the facts of the case are that petitioner no.1 and respondent no.2 got married on 29.12.2013 at Gurudwara, Ramprastha, Surya Nagar, Ghaziabad, UP, according to Sikh rites and ceremonies. There is one child namely Ekas Singh born on 03.01.2015 from the said Wedlock. Due to temperamental differences, psychological incompatibility between petitioner no.1 and respondent no.2 developed irreconciliable differences, which ensued into various litigation between the petitioners and respondent no.2 and the present FIR came to be registered. 6.

All the petitioners are present before this Court and have been identified by their counsel Mr. Vipin Bansal and Investigating Officer (IO) SI Amit Beniwal Police Station Vivek Vihar, Delhi. 7.

On the 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 recorded in Petition No. H.M.A. 1516/2021 dated 21.11.2023 recorded in the court of learned PJFC, Distt. Shahdara, Karkardooma Court, Delhi. 8.

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. 9.

The petitioner no. 1 had paid a sum of Rs.48,00,000/- in three The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

installments in the following manner:

a).

First instalment of Rs.10,00,000/- paid at the time of recording of statement in the first motion petition.

b).

Second installment of Rs.24,00,000/- paid on or before 28.02.2024.

c).

Third installment of Rs.14,00,000/- paid to respondent no.2 in court today by way of demand draft No.350444 drawn on Bank of Maharashtra, Vivek Vihar, Delhi for a sum of Rs.9,00,000/- in favour of Sapandeep Kaur i.e. respondent no.2 and FD Receipt No.754882 from Bank of Maharashtra in favour of Master Ekas Singh for a sum of Rs.5,00,000/-.

10.

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. 11.

Accordingly, FIR bearing No.703/2021, registered at Police Station Vivek Vihar, Delhi for the offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed.

12.

The petition stands disposed of.

13.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J APRIL 8, 2024/hs 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.