Sumit Panwar & ORS. v. The State Of NCT Of Delhi & ANR.

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1332/2024 SUMIT PANWAR & ORS.

..... Petitioners Through:

Mr. Imran Khan, Mr. Pramod Kumar and Ms. Shalu Jain, Advs.

versus THE STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Yasir Rauf Ansari, ASC with Mr.

Alok Sharma and Mr. Vasu Agarwal, Advs. for State with SI Mahendra Patel, P.S. Narela Ms. Meghna Kar, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN % 01.05.2024

O R D E R

CRL.M.A. 13134/2024 1.

Allowed, subject to all just exceptions.

W.P.(CRL) 1332/2024 2.

The present petition has been filed under Article 226 of Constitution of India read with Section 482 CrPC seeking quashing of FIR No.18/2022 under Sections 498A/354A/406/34 IPC registered at Police Station Narela and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

3.

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

have arrived at a settlement, the State has no objection in case the FIR in question is quashed.

4.

The petitioner no.1 (former husband), petitioners no.2 to 5 who are close relives 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 with SI Mahendra Patel. 5.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 20.02.2020 according to Hindu Rites and Customs. Out of the said wedlock, no child was born. 6.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. July, 2021. The dispute between the parties also led to the registration of present FIR. 7.

During the pendency of the proceedings, the parties have arrived at a settlement, terms whereof were reduced in writing in the form of Settlement Deed dated 02.05.2023, which is annexed as Annexure P-2 to the present petition.

8.

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 20.03.2024, which is annexed as Annexure P-3 to the present petition.

9.

It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.13,00,000/- to the respondent no.2 towards full and final settlement of all her claims on account of streedhan, permanent alimony, dowry articles, maintenance (past, present and future) etc. Out of the said amount, a sum of Rs. 8,70,000/- has already been paid The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

by the petitioner no.1 to the respondent no.2 in the manner as mentioned in the settlement. The remaining amount of Rs.4,30,000/- has been paid to the respondent no.2 today in the court by the petitioner no.1 by way of Demand Draft bearing No.516682 dated 01.05.2024 issued by Punjab National Bank. 10.

It is also a term of the settlement that petitioner no.1 shall transfer the ownership of the Tata Tiago car in the name of wife. 11.

The receipt of entire amount of Rs.13,00,000/- as well as transfer of Tata Tiago car in her name 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. 18/2022 under Sections 498A/354A/406/34 IPC registered at Police Station Narela 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 MAY 1, 2024/ns The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.