Shri Ravinder And ORS v. State Of NCT Of Delhi And ANR
$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3009/2024, CRL.M.A. 11591/2024 SHRI RAVINDER AND ORS ..... Petitioners Through:
Mr. Kumar Utkarsh, Adv.
alongwith petitioners in person versus STATE OF NCT OF DELHI AND ANR ..... Respondents Through:
Mr. Satish Kumar, APP for the State with Insp. Harinder Singh, PS DPA, SI Sheetal, PS Mangolpuri Mr. Ram Naik Singh, Adv. for R-2 alongwith R-2 in person
CORAM:
HON'BLE MS. JUSTICE SAURABH BANERJEE
O R D E R
% 22.04.2024 1.
The petitioners vide the present petition under Section 482 of the Code of Criminal Procedure, 1973 seek quashing of FIR No.659/2018 dated 12.07.2018 registered under Sections 498-A/406/34 IPC at P.S Aman Vihar, Delhi and all proceeding emanating therefrom in view of Settlement Agreement dated 16.03.2019 arrived at between the parties before the Delhi Mediation Centre, Rohini Court, Delhi. 2.
This petition is accompanied by the Settlement Agreement dated 16.03.2019 [Annexure-P2] and is also supported by affidavits of all the petitioners and of respondent no.2, alongwith proofs of their respective I.Ds.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
Petitioner nos. 1 to 3 as also respondent no.2 are present in Court and have been identified by the IO. Their credentials have been verified by this Court.
4.
Issue Notice.
5.
Learned APP accepts notice. He confirms that he has no objection to the quashing of the present FIR.
6.
Learned counsel for the respondent no.2 also accepts notice. Respondent no.2 confirms that the petitioner no.1 and respondent no.2 have been granted divorce by mutual consent vide Decree of Divorce dated 21.01.2020. She further affirms the Settlement Agreement dated 16.03.2019 whereby the petitioner no.1 has already paid her a sum of 1,50,000/- alongwith the remaining amount of Rs. 1,00,000/-, which has been handed over to the respondent no. 2 vide DD no. 466850 issued on 12.04.2024, Central Bank of India in full and final settlement of all her claims including alimony, maintenance (present, past and future), stridhan etc. today I Court. She states that she has no objection to the quashing of the present FIR.
7.
In view of the settlement arrived at between the parties and following the law laid down by the Hon'ble Supreme Court in Jitendra Raghuvanshi & Ors. Vs. Babita Raguvanshi & Anr (2013) 4 SCC 58, Gian Singh vs. State of Punjab & Anr. (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr. (2014) 6 SCC 466, this Court is of the opinion that continuation of the aforesaid FIR will be an exercise in futility.
8.
Accordingly, the petition is allowed and FIR No. 659/2018 dated 12.07.2018 registered under Sections 498-A/406/34 IPC at P.S Aman The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Vihar, Delhi and all proceeding emanating therefrom are quashed. 9.
The petition alongwith the pending application stands disposed of. SAURABH BANERJEE, J APRIL 22, 2024/rr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.