Vishw Batra & ANR. v. State NCT Of Delhi & ANR.
$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4166/2024 VISHW BATRA & ANR.
.....Petitioners Through:
Mr. Premdutt Sharma, Adv.
with petitioners in person versus STATE NCT OF DELHI & ANR.
.....Respondents Through:
Mr. Nawal Kishore Jha, APP for State with SI Vijay Dahiya PS Prashant Vihar, Delhi Respondent no. 2 in person.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 14.01.2025 1.
The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.0460/2018 under Sections 498A/406/34 IPC registered at Police Station Prashant Vihar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 2.
Notice was issued in the petition vide order dated 21.05.2024. The learned APP for the State 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), petitioner no.2, who is close relative of petitioner no.1, as well as, respondent no. 2 (former wife) are The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
present in the Court and they have been identified by learned counsel for the petitioner and by the Investigating Officer SI Vijay Dahiya PS Prashant Vihar, Delhi.
4.
The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 26.10.2016 according to Hindu Rites and Customs. Out of the said wedlock, one girl child, namely, Baby Kalra was born, who is in the custody of the respondent no.2. 5.
On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 22.12.2017. The dispute between the parties also led to the registration of present FIR. 6.
During the pendency of the proceedings, the parties arrived at a settlement, terms whereof were reduced in writing in the form of Settlement agreement dated 19.12.2018, which is annexed as Annexure P-2 to the present petition.
7.
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 22.03.2019.
8.
It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs.20,00,000/- 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. The said amount of Rs.20,00,000/- has been paid by the petitioner no.1 to respondent no.2 in the manner stated in the settlement agreement.
9.
The respondent no.2, who is present in Court, affirms the factum of settlement and acknowledges having received of full and final settlement of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Rs.20,00,000/-.
10.
The respondent no.2, on a query posed by the Court, states that she has no objection in case the FIR is quashed.
11.
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.
12.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.
13.
Consequently, the petition is allowed and the FIR No.0460/2018 under Sections 498A/406/34 IPC registered at Police Station Prashant Vihar alongwith all other proceedings emanating therefrom, is quashed. 14.
The petition stands disposed of in the above terms. 15.
Order be uploaded on the website of this court. VIKAS MAHAJAN, J JANUARY 14, 2025 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.