Ajay Bedi & ANR. v. The State Of NCT Of Delhi. & ANR.

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4324/2024 AJAY BEDI & ANR.

.....Petitioners Through:

Ms. Swati Surbi, Advocate.

versus THE STATE OF NCT OF DELHI. & ANR.

.....Respondents Through:

Mr. Sanjeev Sabharwal, APP for State with SI Deepak Panwar, P.S.I.P.Estate.

Mr.

Nilesh Kumar, Mr.

Nimesh Kumar and Ms.

Lata Aggarwal, Advocates for R-2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 29.08.2024 1.

The Petition under Section 482 of Cr.P.C has been filed on behalf of the petitioner, seeking to quash the FIR No. 0028/2016 dated 16.01.2016, for the offence under Section 498A/406 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC, 1860') registered at Police Station I.P.Estate.

2.

Issue notice.

3.

Learned Additional Public Prosecutor appearing on advance notice, accepts notice on behalf of the State. 4.

Brief facts of the case are that the marriage was solemnized between petitioner No.1 and respondent No. 2 on 10.02.2012, according to the Hindu rites and ceremonies.

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

5.

It is further submitted that a daughter was born out of the said wedlock. The custody of the daughter is with the mother. 6.

It is stated that the petitioner and the respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement Agreement dated 19.09.2023 wherein it was inter alia settled between the parties that the respondent No. 2/wife and the petitioner No.1/husband shall dissolve their marriage by decree of mutual consent.

7.

Sukanya Policy in the name of the child has been opened by petitioner No.1 and the requisite documents have been handed over to respondent No.2. Both the parties have handed over the documents which they were to hand over to each other in accordance with the terms of the settlement.

8.

The settlement amount of Rs.8 lakhs was the amount accepted by respondent No.2 towards her past, present and future alimony out of which Rs.4 lakhs had already been paid and Rs.4 lakhs is being paid today in discharge of their agreement.

9.

In view of the Settlement Agreement dated 19.09.2023, the present Petition has been filed.

10.

The Petitioner No.2 is present through VC and petitioner No.1 and respondent No.2 are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof, without any pressure and coercion. 11.

Today, the respondent No. 2/wife, who is present in Court, states that she has received all amounts due to her and has no The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

objection if the FIR is quashed.

12.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.

13.

Moreover, there is no legal impediment in quashing the FIR in question.

14.

Accordingly FIR No. 0028/2016 dated 16.01.2016, for the offence under Section 498A/406 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC, 1860') registered at Police Station I.P.Estate and all consequential proceedings emanating therefrom are quashed. However, this settlement is without prejudice to the rights of the child.

15.

The Petition stands disposed of.

NEENA BANSAL KRISHNA, J AUGUST 29, 2024 rk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.