Jagpreet Singh Gujral@Chintu And ORS v. State NCT Of Delhi And ANR
$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1672/2024 JAGPREET SINGH GUJRAL@CHINTU AND ORS..... Petitioners Through:
Mr. Rajeev Ranjan Pandey and Mr.
Mukesh Kumar Pandey, Advs. with petitioners in person.
versus STATE NCT OF DELHI AND ANR ..... Respondents Through:
Mr. Sanjay Lao, SC for State with Mr. Abhinav Kumar Arya, Ms.
Priyam Agrawal and Mr. Shivesh Kaushik, Advs. with SI Lalit Kumar PS Bindapur Respondents in person.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN % 24.05.2024
O R D E R
CRL.M.A. 16296/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
W.P.(CRL) 1672/2024 3.
The present petition has been filed under Article 226 of Constitution of India read with Section 482 CrPC seeking quashing of FIR No.681/2021 under Sections 498A/406/34 IPC registered at Police Station Bindapur and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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.
5.
The petitioner no.1 (former husband), petitioner nos. 2 & 3, 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 counsel and by the Investigating Officer SI Lalit Kumar PS Bindapur. 6.
The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 18.01.2019 according to Sikh Rites and Customs. Out of the said wedlock, no child was born. 7.
On account of temperamental issues certain disputes arose between the parties and they started living separately w.e.f. 21.01.2020. The dispute between the parties also led to the registration of present FIR. 8.
During the pendency of the proceedings, the parties were referred to Mediation Centre, Dwarka Courts, New Delhi where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement dated 06.02.2024, which is annexed as Annexure P2 to the present petition. 9.
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 24.04.2024, which is annexed as Annexure P2 to the present petition.
10.
It is a term of the settlement between the parties that the petitioner no.1 shall pay a total sum of Rs. 3,50,000/- to the respondent no.2 towards full and final settlement of all her claims on account of streedhan, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
permanent alimony, dowry articles, maintenance (past, present and future) etc. Out of the said amount, a sum of Rs. 2,00,000/- 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. 1,50,000/- has been paid to the respondent no.2 today in the court by the petitioner no.1 by way of Demand Draft bearing No.000245 dated 21.05.2024 issued by AU Small Finance Bank, Sanjay Place, Agra.
11.
The receipt of entire amount of Rs.3,50,000/- is acknowledged by the respondent no.2, who is present in court.
12.
The respondent no.2, on a query put by the Court, states that she has no objection in case the FIR is quashed.
13.
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.
14.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 15.
Consequently, the petition is allowed and the FIR No.681/2021 under Sections 498A/406/34 IPC registered at Police Station Bindapur alongwith all other proceedings emanating therefrom, is quashed. 16.
The petition stands disposed of in the above terms. 17.
Order be uploaded on the website of this court. VIKAS MAHAJAN, J MAY 24, 2024/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.