Lalit Kumar And ORS v. State NCT Of Delhi And ANR

$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2967/2024 LALIT KUMAR AND ORS ..... Petitioners Through:

Mr. Yogesh Kumar and Mr. S.S.

Nainwal, Advs.

versus STATE NCT OF DELHI AND ANR ..... Respondents Through:

Mr. Hitesh Vali, APP for State with SI Beena, Police Station Dwarka Sector-23.

Mr. Atul Kharbanda and Mr. Kapil Sethi, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN % 16.04.2024

O R D E R

CRL.M.A. 11460/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 2967/2024 3.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.211/2022 under Sections 498A/406/34 IPC registered at Police Station Dwarka Sector-23, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

4.

Issue notice. The learned APP 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) and the petitioner nos.2 and 3, who are close relatives of petitioner no.1, as well as, respondent no. 2 (former wife) are present in the Court and they have been identified by their respective counsel and by the Investigating Officer SI Beena, Police Station Dwarka Sector-23.

6.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 15.03.2021 according to Hindu Rites and Customs. No child was born out of the said wedlock. 7.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 29.09.2021. The dispute between the parties also led to the registration of present FIR. 8.

During the pendency of the proceedings, the parties were referred to Mediation Centre, Dwarka Court, Delhi, where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 12.12.2023, which is annexed as Annexure B 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 01.03.2024, which is annexed as Annexure C to the present petition.

10.

It is also a term of the settlement between the parties that the petitioner no.1/husband shall return the FDR/DD of Rs.5 lacs which is in the name of the respondent no.2/wife along with the admitted articles as per Annexure A and shall also exchange jewellery pieces as full and final settlement of all her claims on account of streedhan, permanent alimony, dowry articles, maintenance (past, present and future) etc. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11.

The receipt of DD of Rs. 5 Lakhs, the admitted articles as per Annexure A and exchange of jewellery articles is acknowledged by the respondent no.2, who is present in court.

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.211/2022 under Sections 498A/406/34 IPC registered at Police Station Dwarka Sector-23, Delhi 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 16, 2024/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.