Hemendra Singh & ORS. v. The State (NCT Of Delhi) & ANR.

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4349/2024 HEMENDRA SINGH & ORS.

..... Petitioners Through:

Mr. Sandeep Chaudhary & Mr. Ajay Rathor, Advocates alongwith petitioners in person.

versus THE STATE (NCT OF DELHI) & ANR.

..... Respondents Through:

Mr. Hemant Mehla, APP for the State with SI Ekta, P.S. Bindapur.

Mr. Himanshu Sharma, Advocate for R-2 (through Vc).

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 27.05.2024 CRL.M.A. 16511/2024 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The application is accordingly disposed of.

CRL.M.C. 4349/2024 3.

The present petition filed under Section 482 of the Cr.P.C. seeks quashing of FIR No. 142/2023, under Sections 498A/406/34 of the IPC, registered at P.S. Bindapur, Delhi.

4.

The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 27.04.2021 as per Hindu rites and ceremonies. No child was born out of the said wedlock.

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5.

Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately from 22.01.2022. Subsequently, respondent no.2/complainant lodged an FIR against petitioner no.1 (husband), petitioner no. 2 (father-in-law) and petitioner no. 3 (motherin-law). 6.

On 16.05.2024, parties arrived at a settlement vide Memorandum of Understanding dated 16.05.2024. As per the said settlement, petitioner no.1 has agreed to pay an amount of Rs. 15,00,000/- to the respondent no.2/wife towards full and final settlement of all her claims including istridhan, permanent alimony and maintenance - present, past and future. 7.

In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 06.10.2023, passed by Learned Ahmed Ullah Khan, Principal Judge, Family Court, Aligarh, Uttar Pradesh (Annexure P-2 Colly). Further, as per the settlement, the aforesaid amount of Rs. 15,00,000/- has already been provided to the respondent no. 2, who duly acknowledges the receipt of the same.

8.

Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by the Investigating Officer, SI Ekta, P.S. Bindapur.

9.

The complainant/respondent no.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. She further states that all the terms of the agreement have been complied with.

10.

Learned APP for the State submits that investigation in the present FIR is pending and chargesheet is yet to be filed. In view of the settlement between the parties, learned APP for the State also has no objection if the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

present FIR is quashed.

12.

In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon'ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

13.

In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 142/2023, under Sections 498A/406/34 of the IPC, registered at P.S. Bindapur, Delhi. 14.

In the interest of justice, the petition is allowed, and the FIR No. 142/2023, under Sections 498A/406/34 of the IPC, registered at P.S. Bindapur, Delhi, is hereby quashed.

15.

Petition is allowed and disposed of accordingly. 16.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 27, 2024/bsr 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.