Mr Satendra Pal Singh Chauhan & ORS. v. State Of NCT Of Delhi & ANR.

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3617/2024 MR SATENDRA PAL SINGH CHAUHAN & ORS...... Petitioners Through:

Mr. K.K. Gautam, Adv.

versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Raj Kumar, APP for State with SI Mohit Chahar, P.S. Vijay Vihar Mr. Vinod Kumar Jha, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN % 06.05.2024

O R D E R

1.

The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.430/2020 under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act registered at Police Station Vijay Vihar, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 2.

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.

3.

The petitioner no.1 (former husband), petitioners no.2 to 6 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

counsel and by the Investigating Officer SI Mohit Chahar. 4.

The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 25.11.2016 according to Hindu Rites and Customs. No child was born out of the said wedlock. 5.

On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 13.08.2018. Thereafter the petitioner no.1 filed a divorce petition on 22.11.2018 and the ex-parte divorce was obtained by him on 30.10.2019. Subsequently, at the instance of respondent no.2 the present FIR came to be registered under Sections 498A/406/34 IPC registered at P.S. Vijay Vihar, Rohini, Delhi. 6.

During the pendency of the proceedings, the parties were referred to Counselling Cell attached to the Family Court, Rohini, where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement Report dated 06.12.2023, which is annexed as Annexure 3 to the present petition.

7.

It is a term of the settlement that the petitioner no.1 shall pay a total sum of Rs.21,00,000/- 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. 14,00,000/- has already been paid by the petitioner no.1 to the respondent no.2 in the manner as mentioned in the settlement. The remaining amount of Rs.7,00,000/- has been paid to the respondent no.2 today in the court by the petitioner no.1 by way of Demand Draft bearing No.657991 dated 25.04.2024 issued by Yes Bank. 8.

The receipt of entire amount of Rs.21,00,000/- is acknowledged by the respondent no.2, who is present in court. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.

10.

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.

11.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 12.

Consequently, the petition is allowed and the FIR No. 430/2020 under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act registered at Police Station Vijay Vihar, Delhi alongwith all other proceedings emanating therefrom, is quashed.

13.

The petition stands disposed of in the above terms. 14.

Order be uploaded on the website of this court. VIKAS MAHAJAN, J MAY 6, 2024 ns The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.