Mahesh Kumar And ORS v. State Through Sho Ps Ranjit Nagar And ANR
$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4696/2024 MAHESH KUMAR AND ORS .....Petitioners Through:
Mr. Mukesh Kr. Sharma, Adv.
versus STATE THROUGH SHO PS RANJIT NAGAR AND ANR .....Respondents Through:
Mr. Utkarsh, APP for State with SI Garima, PS. Ranjit Nagar.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 06.02.2025 1.
The present petition has been filed under Section 482 CrPC seeking quashing of FIR No.232/2021 under Sections 498A/406/34 IPC registered at Police Station Ranjit Nagar and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement. 2.
Notice was issued in the present petition on 30.05.2025. 3.
The learned APP for the APP 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. 4.
The petitioner no.1 (former husband) and the petitioner nos. 2 and 3, who are close relatives of petitioner no.1, as well as, respondent no. 2 (former wife), who are present in Court and they have been identified by their respective counsel, as well as, by the Investigating Officer SI Garima, PS. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Ranjit Nagar.
5.
The brief facts of the case are that the marriage between the petitioner no.1 and respondent no. 2 was solemnized on 22.01.2018 according to Hindu Rites and Customs. No child was born out of the said wedlock. 6.
On account of temperamental issues certain disputes arose between the parties and they started living separately since September 2020. The dispute between the parties also led to the registration of present FIR. 7.
During the pendency of the proceedings, the parties were referred to Mediation Cell, Tis Hazari Courts, Delhi, where they arrived at a settlement, terms whereof were reduced in writing in the form of Settlement Agreement dated 01.12.2021, which is annexed as Annexure P-2 to the present petition. 8.
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 26.08.2022, which is annexed as Annexure P-4 to the present petition.
9.
As per the settlement, the parties have amicably resolved all their disputes pertaining to the marriage including streedhan, permanent alimony, dowry articles, maintenance (past, present and future) etc. without any monetary consideration.
10.
It is a term of the settlement between the parties that the petitioner no.1 shall return the utensils to respondent no.2 and an amount of Rs.8,000/- towards the expense of gold ring. The entire amount of Rs.8,000/- has already been paid to the respondent no.2 by the petitioner no.1. 11.
The receipt of Rs.8,000/- is acknowledged by the respondent no.2, who is present in court. The respondent no.2, on a query posed by the Court, states The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
that she has no objection in case the FIR is quashed. 12.
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.
13.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.
14.
Consequently, the petition is allowed and the FIR No.232/2021 under Sections 498A/406/34 IPC registered at Police Station Ranjit Nagar alongwith all other proceedings emanating therefrom, is quashed. 15.
The petition stands disposed of in the above terms. 16.
Order be uploaded on the website of this Court. VIKAS MAHAJAN, J FEBRUARY 6, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.