Parvesh Devi And Others v. State Gnct Delhi Through Sho Ps Nand Nagri And Others
$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1413/2024 PARVESH DEVI AND OTHERS ..... Petitioners Through:
Mr. Mukesh Thakur, Mr. Dhirendra Singh and Mr. Devendra Kr. Verma, Advs.
versus STATE GNCT DELHI THROUGH SHO PS NAND NAGRI AND OTHERS ..... Respondents Through:
Mr. Sanjay Lao, SC for State with Ms. Priyam Aggarwal, Adv. with SI Dinesh Kumar, PS. Nand Nagri.
Mr. Chaman Kumar, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN % 06.05.2024
O R D E R
CRL.M.A. 13751/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
W.P.(CRL) 1413/2024 3.
The present petition has been filed under Article 226 of the Constitution of India read with Section 482 CrPC seeking quashing of FIR No.360/2019 under Sections 498A/406/34 IPC registered at Police Station Nand Nagri and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 4.
Issue notice. The learned Standing Counsel 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.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
5.
The son of petitioner no.1, namely, Sandeep was married to the respondent no.2. Sandeep expired on 29.05.2018. The petitioner no.1 to 6, who are the close relatives of the deceased husband, as well as, respondent no. 2 (wife of Late Sandeep) are present in the Court and they have been identified by their respective counsel and by the Investigating Officer SI Dinesh Kumar, PS. Nand Nagri.
6.
The brief facts of the case are that the marriage of the son of the petitioner no.1 namely, Sandeep and respondent no. 2 was solemnized on 08.02.2014 according to Hindu Rites and Customs. Out of the said wedlock, two children were born namely Aradhya (aged about 08 years) and the Aarav (aged about 07 years), who are presently in the care and custody of the respondent no.2.
7.
It is stated that after the death of the husband of the respondent no.2 , she is staying with her parents.
8.
During the pendency of the proceedings, the parties were referred to Delhi Mediation Centre, Karkardooma Courts, Shahdara, Delhi where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 29.11.2023, which is annexed as Annexure P-3 to the present petition.
9.
It is also a term of the settlement between the parties that the petitioner nos.1 and 2 shall pay a total sum of Rs. 5 lacs 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. 2.50 lacs has already been paid by the petitioner nos.1 and 2 to the respondent no.2 in the manner as mentioned in the settlement. The remaining amount of Rs. 2.50 lacs has been paid to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
the respondent no.2 today in the court by the petitioner nos.1 and 2 by way of Demand Draft bearing No.940278 dated 10.04.2024 issued by Canara Bank.
10.
The receipt of entire amount of Rs.5 lacs is acknowledged by the respondent no.2, who is present in court.
11.
The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.
12.
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.
13.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 14.
Consequently, the petition is allowed and the FIR No.360/2019 under Sections 498A/406/34 IPC registered at Police Station Nand Nagri alongwith all other proceedings emanating therefrom, is quashed. 15.
The petition stands disposed of in the above terms. 16.
Order be uploaded on the website of this court. VIKAS MAHAJAN, J MAY 6, 2024/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.