Ravi Kant Singh And ORS v. State (Gnctd) And Ars.

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4313/2024 RAVI KANT SINGH AND ORS ..... Petitioners Through:

Petitioners with their counsel Mr.Swapnam Prakash Singh, Adv.

versus STATE (GNCTD) AND ARS.

..... Respondents Through:

Mr. Raghuvinder Varma, APP for the State along with Ms. Khushboo Kumari, Ms. Megha Yadav and Mr.

Karmesh Pratap Singh Nagar, Advs.

with SI Sachin Panwar, P.S. Fatehpur Beri.

Mr. Satyunsh Gupta, Adv. for R-2 with R-2 (through VC)

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 24.05.2024 CRL.M.A. 16373/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 4313/2024 3.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of petitioners seeking quashing of FIR bearing no. 0006/2019, registered at Police Station Fatehpur Beri, New Delhi for the offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC') and all consequential proceedings emanating therefrom.

4.

Issue notice. Mr Raghuvinder Varma, learned APP accepts notice on The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

behalf of State.

5.

All the petitioners are present before this Court and have been identified by their counsel Mr.Swapnam Prakash Singh and Investigating Officer (IO) SI Sachin Panwar from Police Station Fatehpur Beri, Delhi. 6.

Brief facts of the present case are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized on 23.04.2015 as per Hindu rites and Ceremonies. It is stated that due to temperamental differences, on the complaint of respondent no. 2, the present FIR was registered at Police Station Fatehpur Beri, Delhi against the petitioners for offence punishable under Sections 498A/406/34 of IPC. It is stated that during the pendency of the case, both the parties have amicably settled all their disputes vide Memorandum of Understanding dated 11.08.2023. 7.

On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties vide Memorandum of Understanding dated 11.08.2023.

8.

It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner no.1 and other family members. 9.

As per the settlement agreement, the petitioner no. 1 had to pay a sum of Rs. 6,00,000/-, out of which Rs.3,00,000/- already stands paid and balance sum of Rs.3,00,000/- shall be paid within six days of completion of the quashing of the FIR.

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

10.

Today, the complainant is present in Court through V.C. and this Court's attention has been drawn to the terms of the Memorandum of Settlement dated 11.08.2023. As per the said MOU, the remaining Rs.3,00,000/- are to be paid within six days of quashing of the present petition. It was explained to the complainant that in case the petitioners do not pay this amount to her, it will not be possible for this Court to revive the proceedings since there is no condition as such in the MOU. She insists that she has no objection and the FIR be quashed.

11.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 12.

Accordingly, FIR bearing no. 0006/2019, registered at Police Station Fatehpur Beri, New Delhi for the offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.

13.

In view of above, the petition stands disposed of. 14.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MAY 24, 2024/A Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.