Chiranjeev Singh & ORS. v. State (Govt. Of NCT Of Delhi) And ANR.
$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1485/2023 CHIRANJEEV SINGH & ORS.
.....Petitioners Through:
Mr. Diwakar Kumar, Mr. Sandeep Shukla, Advocates.
versus STATE (GOVT. OF NCT OF DELHI) AND ANR......Respondents Through:
Mr. Amit Peswani, Advocate for Ms.
Nandita Rao, ASC
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 10.09.2024 1.
The present Petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C has been filed on behalf of the petitioners seeking to quash the FIR No. 181/2023 registered under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC, 1860") at Police Station Mehrauli. 2.
Brief facts of the case are that the marriage was solemnized between petitioner No. 1 and respondent No. 2 on 28.11.2019 according to Hindu rites and ceremonies and one boy was born from the said wedlock.
3.
It is submitted that due to some disputes and differences, the petitioner No. 1 and respondent No. 2 started residing separately from each other.
4.
Petitioner No. 1 and the respondent No. 2 have settled all the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
disputes and differences between them vide Settlement Deed arrived in the Counselling Cell, Family Court, Saket with direction to appear before the Trial Court on 05.07.2023. Parties present endorse the settlement. Mutual consent divorce is being taken vide order dated 11.10.2023. Petitioner No. 1 has agreed to pay a total sum of Rs. 22,00,000/- to the respondent No. 2 towards full and final settlement of all her dues, disputes and claims arising out of marriage which amount has already been received by respondent No.2. 5.
Petitioner No.2 is present through VC. The petitioner Nos.1, 3 to 5 and the respondent No. 2/wife are present in person in the Court today, and they have been identified by their counsel and Investigating Officer concerned.
6.
It is further submitted that petitioner No1 and respondent No.2 have one son aged about 31⁄2 years who in terms of the Settlement shall be in the custody of the mother/respondent No.2. This settlement is without prejudice to the rights entitlement of the child. 7.
The parties have submitted that all the disputes have been amicably settled vide Settlement Agreement and thus, no fruitful purpose will be served in continuing with the FIR. 8.
The present petition has been signed by the petitioners and is supported by their affidavits. The parties have endorsed and reaffirmed the terms of the settlement and they also submit that the said settlement has been arrived at between the parties without any pressure and coercion.
9.
Today, the complainant/respondent No. 2/wife, who is present in person in the Court, states that she has received all amounts due to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
her and has no objection if the FIR is quashed. 10.
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 to quash the abovementioned FIR and the proceedings pursuant thereto.
11.
Moreover, there is no legal impediment in quashing the FIR in question.
12.
Accordingly, FIR No. 181/2023 registered under Sections 498A/406/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC, 1860") at Police Station Mehrauli. and all consequential proceedings emanating therefrom are quashed.
13.
The petition along with pending application stands disposed of.
NEENA BANSAL KRISHNA, J SEPTEMBER 10, 2024 rk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.