Rahul Lal And ORS. v. State Of NCT Of Delhi And ANR.

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4380/2024 RAHUL LAL AND ORS.

..... Petitioners Through:

Ms. Geeta Luthra, Sr. Adv. (through VC).

Ms. Kamakshi Gupta, Mr. Manas Agarwal & Ms. Arpita Sahu, Advs.

Petitioners through VC.

versus STATE OF NCT OF DELHI AND ANR.

..... Respondents Through:

Mr. Hemant Mehla, APP for the State with ASI Jaipal Singh, P.S. New Friends Colony.

Ms. Manju Oberoi, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 28.05.2024 1.

The present petition filed under Section 482 of the Cr.P.C. seeks quashing of the FIR No.

309/2023, under Sections 498A/406/323/506/509/34 IPC, registered at P.S. New Friends Colony. 2.

The marriage between petitioner no.1/husband and respondent no.2/wife was solemnized on 14.11.2019 as per Hindu rites and ceremonies. 3.

No child was born out of the said wedlock.

4.

Due to matrimonial differences between petitioner no. 1 and respondent no. 2, the parties started residing separately from 08.04.2022. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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) and petitioner no. 4 (sister-in-law). 5.

On 23.12.2023, parties arrived at a settlement and as per the said settlement deed, petitioner no.1 has agreed to pay an amount of Rs. 80,00,000/- 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. The copy of the aforesaid settlement deed dated 23.12.2023 is on record (Annexure A-2).

6.

In terms of the said settlement, the marriage between the parties stands dissolved by a decree of divorce dated 22.04.2024, passed by learned Additional Principal Judge, Family Court Gautam Budh Nagar, (Annexure A-4). Further, as per the settlement deed, an amount of Rs. 65,00,000/- has already been paid to respondent no.2 and the remaining amount of Rs. 15,00,000/- has been paid to her in court today, by means of a demand draft. 7.

Complainant/respondent no. 2 is present before the Court and petitioners are present through video conferencing and have been duly identified by their respective counsel, as well as the Investigating Officer, ASI Jaipal Singh, P.S. New Friends Colony.

8.

A demand draft bearing no. 006539 dated 16.04.2024 for Rs. 15,00,000/- drawn on HDFC Bank has been handed over to complainant/Respondent No.2, who acknowledges the receipt of the same. 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.

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

10.

In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 11.

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."

12.

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. 309/2023, under Sections 498A/406/323/506/509/34 IPC, registered at P.S. New Friends Colony. 13.

In the interest of justice, the petition is allowed, and the FIR No. 309/2023, under Sections 498A/406/323/506/509/34 IPC, registered at P.S. New Friends Colony, is hereby quashed.

14.

Petition is allowed and disposed of accordingly. 15.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 28, 2024/nk 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.