Sanjay Shakya @ Sanju Kumar & ORS. v. State Of NCT Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2874/2024 SANJAY SHAKYA @ SANJU KUMAR & ORS.

.....Petitioner Through:

Mr. Paramjeet Singh and Mr. M.

Shakeel Khan, Advocates.

versus STATE OF NCT OF DELHI & ANR.

.....Respondent Through:

Mr. Hemant Mehla Ld. APP with SI Shankar P.S. Dabri.

Mr. Archit Ojha, Advocate for R-2 with R-2/ complainant in person.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 18.07.2024 CRL.M.A. 10977/2024 (seeking Exemption) 1.

Allowed, subject to just exemptions.

2.

The application is disposed of.

CRL.M.C. 2874/2024 3.

The Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C., 1973") has been filed on behalf of the petitioners, seeking to quash the FIR No. 457/2019, registered under Sections 406/498A/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC, 1860") at Police Station Dabri.

4.

Issue notice.

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

5.

Mr. Hemant Mehla, learned Additional Public Prosecutor appearing on advance notice, accepts notice on behalf of the State. 6.

Brief facts of the case are that the marriage was solemnized between petitioner No. 1 and respondent No. 2 on 14.12.2015, according to Hindu rites and ceremonies and no child was born out of the said wedlock. 7.

It is further submitted that on 02.05.2017, on the complaint of respondent No. 2, an FIR bearing No. 457/2019, registered under Sections 406/498A/34 of the Indian Penal Code, 1860, got registered at Police Station Dabri.

8.

It is stated that the petitioner No. 1 and the respondent No. 2 have amicably settled all the disputes and differences between them in the Mediation Centre and arrived at Settlement dated 06.05.2023 wherein it was inter alia settled between the parties that the respondent No. 2/wife and the petitioner No. 1/husband shall dissolve their marriage by decree of mutual consent. It is stated that petitioner No. 1/husband shall pay a sum of Rs. 4,50,000/- towards full and final settlement of all the claims of the respondent No. 2/wife, in three instalments by way of DD/Pay Order. It is also stated that the petitioner No. 1 has already paid Rs. 1,50,000/- to respondent No. 2/wife at the time of recording of statements in First Motion Petition under Section 13(b) of the Hindu Marriage Act, 1955 and another Rs. 1,50,000/- was paid at the time of recording of statements in Second Motion Petition under Section 13(b)(2) of the Hindu Marriage Act, 1955. 9.

It is further stated that the remaining sum of Rs. 1,50,000/- shall be paid by the petitioner No. 1/husband at the time of quashing of FIR No. 457/2019.

10.

It is also stated that on 18.10.2023, the marriage between petitioner The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

No. 1 and respondent No. 2 had been dissolved as per Hindu law. 11.

In view of the Settlement Deed dated 06.05.2023, the present petition has been filed.

12.

The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. 13.

A cheque for a sum Rs. 1,50,000/-, i.e the balance amount, has been handed over to the respondent No. 2/wife by the petitioner No. 1 today i.e. 18.07.2024 vide Demand Draft No. 279291 made in favour of the respondent No. 2/Pooja, drawn on Canara Bank, Janakpuri, New Delhi and the same has been accepted by the respondent No. 2/wife. 14.

The parties have submitted that all the disputes have been amicably settled vide Settlement Deed dated 06.05.2023 and thus, no fruitful purpose will be served in continuing with the FIR.

15.

The present petition has been signed by all the petitioners and is supported by their respective affidavits. The parties have reaffirmed the terms of the settlement arrived at vide Settlement Deed dated 06.05.2023 and they also submit that the said Settlement Deed dated 06.05.2023 has been arrived at between the parties without any pressure and coercion. 16.

Today, the complainant/respondent No. 2/wife, who is present in Court, states that she has received all amounts due to her and has no objection if the FIR is quashed.

17.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

to quash the abovementioned FIR and the proceedings pursuant thereto. 18.

Moreover, there is no legal impediment in quashing the FIR in question.

19.

Accordingly, FIR No. 457/2019 for the offence punishable under Sections 406/498A/34 of IPC, 1860, Registered at Police Station Dabri and all consequential proceedings emanating therefrom are quashed. 20.

The petition stands disposed of.

NEENA BANSAL KRISHNA, J JULY 18, 2024/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.