Akshay Rajput & ANR. v. Government Of NCT Of Delhi Through Standing Counsel & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1600/2020 AKSHAY RAJPUT & ANR.

..........Petitioners Through:

Mr. Manohar Lal, Adv. with both the petitioners in person versus GOVERNMENT OF NCT OF DELHI THROUGH STANDING COUNSEL & ANR.

........... Respondents Through:

Ms. Manjeet Arya, Ld. APP with SI Rakesh Kumar, PS Dwarka South Respondent No.2 Ms. Priyanka Khippal in person

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 25.08.2020 This matter is being heard through video-conferencing. 1.

This petition has been filed by the petitioners namely Akshay Rajput and Arun Kumar Rajput, who are son and father respectively for quashing of FIR No. 465/2019, u/s 323/341/354/509/34 IPC, PS Dwarka South. 2.

The petitioners are represented before this Court. Ms. Priyanka Khippal, the respondent No.2 herein, who is identified by the Investigating Officer / SI Rakesh Kumar is also present.

3.

The case of the petitioners in the petition is that they have settled their inter-se disputes with respondent No.2 which are primarily arising out of marriage solemnized between petitioner and respondent No.2 on November

14, 2011, in terms of settlement arrived at in the Mediation Centre, Rohini District Courts, Delhi on March 13, 2020. The settlement agreement is also on record.

4.

It is also the case of the petitioners that they have been granted divorce in a petition filed by them under Section 13B of Hindu Marriage Act, 1955. The orders passed by the Court on First Motion dated July 18, 2020 and even on Second Motion dated August 14, 2020 are placed on record. It is also stated that in terms of the settlement agreement, the petitioner No.1 has paid an amount of Rs.37,00,000/-. This aspect has been confirmed by Ms. Priyanka Khippal, the respondent No.2 herein. 5.

Even though settlement agreement does not refer to the fact that the parties shall file a petition seeking quashing of the FIR, Ms. Priyanka Khippal, the respondent No.2 herein states that in view of the settlement entered by her with the petitioner No.1, the FIR against the petitioners be quashed.

6.

Ms. Manjeet Arya, Ld. APP appearing for the State would submit that the parties have settled their inter-se disputes. 7.

Noting the fact, that the instant FIR primarily arises in view of marriage between petitioner and respondent No.2 which has been annulled and the parties have settled their inter-se disputes, this Court is of the view that the ends of justice shall be met if this Court in exercise of its power under Section 482 Cr.PC quash FIR No. 465/2019, u/s 323/341/354/509/34

IPC, PS Dwarka South, as well as the proceedings emanating from the said FIR qua both the petitioners. Ordered accordingly. 8.

Petition is disposed of.

V. KAMESWAR RAO, J AUGUST 25, 2020/ak