High Court of DelhiCRL.M.C./2498/2022

Rajinder Kaur & ORS. v. State Of Delhi & ANR.

2025-03-12Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2498/2022 RAJINDER KAUR & ORS.

.....Petitioners Through:

Mr. Pawan Sankhla, Mr. Lalit Sankhla and Mr. Padam Sankhla, Advocates alongwith petitioners in person versus STATE OF DELHI & ANR.

.....Respondents Through:

Mr. Manoj Pant, APP for the State Respondent no. 2 in person

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 12.03.2025 CRL.M.A. 7859/2025 (exemption) 1.

Allowed, subject to all just exceptions.

Application stands disposed of.

CRL.M.A. 7858/2025 (early hearing) 3.

By way of present application, the applicant seeks pre-ponement of the date of hearing in the present matter.

Since the parties have arrived at a settlement, the present application stands allowed and the matter is taken up today for hearing. 5.

The earlier date already fixed i.e. 29.05.2025 stands cancelled. 6.

The present application stands disposed of.

CRL.M.C. 2498/2022 7.

By way of the instant petition, petitioners seek quashing of FIR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

bearing No.421/2022 registered at Police Station Subhash Place, District North-West, Delhi, for the offence punishable under Sections 498A/406/34 of Indian Penal Code, 1860 (hereafter 'IPC') and its subsequent proceedings qua the petitioners.

All the petitioners are present before this Court and have been identified by their counsel and Investigating Officer (IO) from Police Station Subhash Place, District North-West, Delhi.

Brief facts of the present case are that marriage of the son of petitioner no. 2 and 3 and respondent no. 2 was solemnized on 30.08.2015, according to Sikh rites and ceremonies at Gurudwara Pahari Wala, Greater Kailash-I, New Delhi. One male child namely Dashmeet was born out of the said wedlock. However, due to certain disputes arose between the parties, respondent no. 2 started residing separately at her parental home in Delhi. Thereafter, respondent no.2 had filed a complaint against the petitioners, upon which the present FIR came to be registered. It is stated that both the parties have amicably settled their entire dispute vide Settlement Agreement dated 27.09.2024 entered into between them and that both the parties have taken divorce by way of mutual consent before the concerned Court. 10.

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 petitioners and other family members. 11.

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

amicably settled between the parties vide aforementioned settlement agreement.

12.

Today, the complainant/respondent no. 2, who is present in Court states that she has received the last and final instalment of Rs. 15,00,000/- today, i.e., 12.03.2025 vide DD No. 514652 for a sum of Rs.5,00,000/- drawn on ICICI Bank and Fixed Deposit Receipt for a sum of Rs. 10,00,000/- and that she has no objection, if the FIR is quashed. 13.

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. 14.

Accordingly, FIR bearing No. 421/2022 registered at Police Station Subhash Place, District North-West, Delhi, for the offence punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

15.

In view of the above, the present petition stands disposed of. 16.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MARCH 12, 2025/ns 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.