Manpreet Singh @ Anuj v. State And Another
$~33 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MANPREET SINGH @ ANUJ .....Petitioner Through:
Ms. Vanshika Sharma, Advocate.
versus STATE AND ANOTHER .....Respondents Through:
Mr. Sanjay Lao, Standing Counsel (Crl.) with SI Bhim Singh, Distt Line West and SI Purvi, P.S.: Tilak Nagar.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 12.12.2024 By way of the present petition filed under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure 1973 ('Cr.P.C.'), the petitioner, who is the former husband of the complainant/respondent No. 2, seeks quashing of case FIR No. 570/2017 dated 26.11.2017 registered under sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Tilak Nagar, Delhi. 2.
The petition is premised on Memorandum of Understanding dated 04.05.2023; and Divorce Decree dated 24.08.2023, which is the culmination of petitions under sections 13B(1) and 13B(2) of the Hindu Marriage Act 1955, whereby the parties had sought dissolution of their marriage by mutual consent.
3.
The petition is supported by affidavits of the petitioners, as also of respondent No. 2, alongwith proof of their IDs. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
The petitioner as well as respondent No. 2 are present in court. Their credentials have been verified and they have also been identified by their respective counsel.
5.
The parties have confirmed that no child was born from the wed-lock. 6.
No appeal is stated to have been filed from the divorce decree. 7.
The court has queried respondent No. 2, who confirms that she has taken divorce by mutual consent; and that a settlement deed has been entered into between the parties; and that in full-and-final settlement of all her claims including towards maintenance (past, present and future), stridhan, dowry articles, jewellery, permanent alimony, etc., she was to receive a sum of Rs. 4,00,000/-from petitioner No. 1; out of which Rs. 2,00,000 /- was paid earlier and Rs. 2,00,000/- has been paid in court today, in compliance of the terms of the settlement deed. Respondent No. 2 confirms that all aspects of the settlement have now been performed.
8.
Mr. Sanjay Lao, learned Standing Counsel confirms that the State has no objection to the subject FIR being quashed. 9.
In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab &Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh &Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
10.
Accordingly, FIR No. 570/2017 dated 26.11.2017 registered under sections 498-A/406/34 IPC at P.S.: Tilak Nagar, Delhi is quashed. All proceedings arising therefrom also stand closed. 11.
Petition stands disposed-of.
12.
Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J DECEMBER 12, 2024 V.Rawat The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.